Part 2 - Country-Unique Terms - IBM eserver Cluster 1350 Installation And Service Manual

Part 2 - Country-unique Terms

AUSTRALIA: No Warranty (Section 4): The following paragraph is added to this
Section: Although IBM specifies that there are no warranties, you may have certain
rights under the Trade Practices Act 1974 or other legislation and are only limited to
the extent permitted by the applicable legislation.
Limitation of Liability (Section 5): The following paragraph is added to this Section:
Where IBM is in breach of a condition or warranty implied by the Trade Practices
Act 1974, IBM's liability is limited to the repair or replacement of the goods, or the
supply of equivalent goods. Where that condition or warranty relates to right to sell,
quiet possession or clear title, or the goods are of a kind ordinarily acquired for
personal, domestic or household use or consumption, then none of the limitations in
this paragraph apply.
GERMANY: No Warranty (Section 4): The following paragraphs are added to this
Section: The minimum warranty period for Programs is six months. In case a
Program is delivered without Specifications, we will only warrant that the Program
information correctly describes the Program and that the Program can be used
according to the Program information. You have to check the usability according to
the Program information within the "money-back guarantee" period.
Limitation of Liability (Section 5): The following paragraph is added to this Section:
The limitations and exclusions specified in the Agreement will not apply to damages
caused by IBM with fraud or gross negligence, and for express warranty.
INDIA: General (Section 6): The following replaces the fourth paragraph of this
Section: If no suit or other legal action is brought, within two years after the cause
of action arose, in respect of any claim that either party may have against the other,
the rights of the concerned party in respect of such claim will be forfeited and the
other party will stand released from its obligations in respect of such claim.
IRELAND: No Warranty (Section 4): The following paragraph is added to this
Section: Except as expressly provided in these terms and conditions, all statutory
conditions, including all warranties implied, but without prejudice to the generality of
the foregoing, all warranties implied by the Sale of Goods Act 1893 or the Sale of
Goods and Supply of Services Act 1980 are hereby excluded.
ITALY: Limitation of Liability (Section 5): This Section is replaced by the following:
Unless otherwise provided by mandatory law, IBM is not liable for any damages
which might arise.
NEW ZEALAND: No Warranty (Section 4): The following paragraph is added to this
Section: Although IBM specifies that there are no warranties, you may have certain
rights under the Consumer Guarantees Act 1993 or other legislation which cannot
be excluded or limited. The Consumer Guarantees Act 1993 will not apply in
respect of any goods or services which IBM provides, if you require the goods or
services for the purposes of a business as defined in that Act.
Limitation of Liability (Section 5): The following paragraph is added to this Section:
Where Programs are not acquired for the purposes of a business as defined in the
Consumer Guarantees Act 1993, the limitations in this Section are subject to the
limitations in that Act.
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Appendix F. International License Agreement for Non-Warranted Programs