IBM eServer xSeries 440 Installation Manual page 71

Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone,
Somalia, Tanzania, Uganda, United Arab Emirates, United Kingdom, West
Bank/Gaza, Yemen, Zambia, and Zimbabwe, this Agreement will be governed by
English Law and disputes relating to it will be submitted to the exclusive jurisdiction
of the English courts; and 5) in Greece, Israel, Italy, Portugal, and Spain any legal
claim arising out of this Statement will be brought before, and finally settled by, the
competent court of Athens, Tel Aviv, Milan, Lisbon, and Madrid, respectively.
THE FOLLOWING TERMS APPLY TO THE COUNTRY SPECIFIED:
AUSTRIA AND GERMANY
The IBM Warranty for Machines: 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 paragraphs are added to this Section:
The minimum warranty period for Machines is six months. In case IBM or your
reseller is unable to repair an IBM Machine, you can alternatively ask for a partial
refund 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.
Extent of Warranty: The second paragraph does not apply.
Warranty Service: The following is added to this Section: During the warranty
period, transportation for delivery of the failing Machine to IBM will be at IBM's
expense.
Limitation of Liability: The following paragraph is added to this Section: The
limitations and exclusions specified in the Statement of Limited Warranty will not
apply to damages caused by IBM with fraud or gross negligence and for express
warranty.
The following sentence is added to the end of item 2:IBM's liability under this item
is limited to the violation of essential contractual terms in cases of ordinary
negligence.
EGYPT
Limitation of Liability: The following replaces item 2 in this Section: as to any
other actual direct damages,IBM's liability will be limited to the total amount you
paid for the Machine that is the subject of the claim. For purposes of this item, the
term "Machine" includes Machine Code and Licensed Internal Code.
Applicability of suppliers and resellers (unchanged).
FRANCE
Limitation of Liability: The following replaces the second sentence of the first
paragraph of this Section:In such instances, regardless of the basis on which you
are entitled to claim damages from IBM, IBM is liable for no more than: (items 1
and 2 unchanged).
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Appendix A. Warranty information