IBM 1 U Installation Manual page 42

Except as otherwise provided by mandatory law:
THE FOLLOWING TERMS APPLY TO THE COUNTRY SPECIFIED:
AUSTRIA AND GERMANY
What this Warranty Covers:
The following replaces the first sentence of the first paragraph of this section:
The warranty for an IBM Machine covers the functionality of the Machine for its
normal use and the Machine's conformity to its Specifications.
The following paragraph is added to this section:
The minimum warranty period for Machines is 12 months. In case IBM or your
reseller is unable to repair an IBM Machine, you can alternatively ask for a price
reduction as far as justified by the reduced value of the unrepaired Machine or ask
for a cancellation of the respective agreement for such Machine and get your
money refunded.
The second paragraph does not apply.
What IBM Will Do to Correct Problems:
The following is added to this section:
During the warranty period, transportation for the delivery of the failing Machine to
IBM will be at IBM's expense.
Limitation of Liability:
34
IBM 1 U Rack Mount Tape Enclosure: Installation Guide
a. IBM's liability for any damages and losses that may arise as a consequence of the
fulfillment of its obligations under or in connection with this Statement of Limited
Warranty is limited in the aggregate to the compensation of only those damages
and losses proved and actually arising as an immediate and direct consequence of
the non-fulfillment of such obligations (if IBM is at fault), for a maximum amount
equal to the charges you paid for the Machine that has caused the damages. For
purposes of this item, the term "Machine" includes Machine Code and Licensed
Internal Code ("LIC").
This limit also applies to IBM's suppliers, subcontractors, and resellers. It is the
maximum for which IBM and its suppliers, subcontractors and resellers are
collectively responsible.
The above limitation shall not apply to damages for bodily injuries (including death)
and damages to real property and tangible personal property for which IBM is
legally liable.
b. UNDER NO CIRCUMSTANCES IS IBM, OR ITS SUPPLIERS,
SUBCONTRACTORS, OR RESELLERS LIABLE FOR ANY OF THE
FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR
DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY
ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY
ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED
THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR
ANTICIPATED SAVINGS.