Part 2 - Country-Unique Terms - IBM C400 User Manual

Limitation of Liability
IBM is responsible for loss of, or damage to, your Machine only while it is 1) in IBM's
possession or 2) in transit in those cases where IBM is responsible for the transportation
charges.
Neither IBM nor your reseller are responsible for any of your confidential, proprietary or
personal information contained in a Machine which you return to IBM for any reason. You
should remove all such information from the Machine prior to its return.
Circumstances may arise where, because of a default on IBM's part or other liability, you are
entitled to recover damages from IBM. In each such instance, regardless of the basis on which
you are entitled to claim damages from IBM (including fundamental breach, negligence,
misrepresentation, or other contract or tort claim), except for any liability that cannot be
waived or limited by applicable laws, IBM is liable for no more than
1. damages for bodily injury (including death) and damage to real property and tangible
2. the amount of any other actual direct damages, up to the charges (if recurring, 12 months'
This limit also applies to IBM's suppliers and your reseller. It is the maximum for which
IBM, its suppliers, and your reseller are collectively responsible.
UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS OR RESELLERS LIABLE
FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY:
1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES (OTHER THAN
THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2) LOSS OF, OR DAMAGE
TO, DATA; 3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY
ECONOMIC CONSEQUENTIAL DAMAGES; OR 4) LOST PROFITS, BUSINESS
REVENUE, GOODWILL OR ANTICIPATED SAVINGS. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. SOME STATES OR JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Governing Law
Both you and IBM consent to the application of the laws of the country in which you acquired
the Machine to govern, interpret, and enforce all of your and IBM's rights, duties, and
obligations arising from, or relating in any manner to, the subject matter of this Statement of
Limited Warranty, without regard to conflict of law principles.
THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR
JURISDICTION TO JURISDICTION.
Jurisdiction
All of our rights, duties, and obligations are subject to the courts of the country in which you
acquired the Machine.

Part 2 - Country-unique Terms

AMERICAS
ARGENTINA
Jurisdiction: The following is added after the first sentence:
Any litigation arising from this Statement of Limited Warranty will be settled exclusively by
the Ordinary Commercial Court of the city of Buenos Aires.
personal property; and
charges apply) for the Machine that is subject of the claim. For purposes of this item, the
term "Machine" includes Machine Code and Licensed Internal Code ("LIC").
Dodatek E. IBM Statement of Limited Warranty Z125-4753-08 04/2004
E-3