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IBM_AP500.book Page 7 Monday, November 13, 2000 3:43 PM
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE
FOLLOWING: 1) THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES
(OTHER THAN THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2) LOSS
OF, OR DAMAGE TO, YOUR RECORDS OR DATA; OR 3) SPECIAL,
INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC
CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS),
EVEN IF IBM, ITS SUPPLIERS OR YOUR RESELLER IS INFORMED OF
THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
Part 2 - Worldwide Country-Unique Terms
ASIA PACIFIC
AUSTRALIA: The IBM Warranty for Machines: The following paragraph is added to
this Section:
The warranties specified in this Section are in addition to any rights you may have under
the Trade Practices Act 1974 or other legislation and are only limited to the extent
permitted by the applicable legislation.
Extent of Warranty: The following replaces the first and second sentences of this
Section:
The warranty does not cover the repair or exchange of a Machine resulting from misuse,
accident, modification, unsuitable physical or operating environment, operation in other
than the Specified Operating Environment, improper maintenance by you, or failure
caused by a product for which IBM is not responsible.
Limitation of Liability: The following 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.
PEOPLE'S REPUBLIC OF CHINA: Governing Law: The following is added to this
Statement:
The laws of the State of New York govern this Statement.
INDIA: Limitation of Liability: The following replaces items 1 and 2 of this Section:
liability for bodily injury (including death) or damage to real property and tangible
personal property will be limited to that caused by IBM's negligence;
as to any other actual damage arising in any situation involving nonperformance by IBM
pursuant to, or in any way related to the subject of this Statement of Warranty, IBM's
liability will be limited to the charge paid by you for the individual Machine that is the
subject of the claim.
NEW ZEALAND: The IBM Warranty for Machines: The following paragraph is
added to this Section:
The warranties specified in this Section are in addition to any rights you may have under
the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or
D-7
Appendix D: Product warranties and notices
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