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1. 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 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").
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.
2. UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS 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.
THE FOLLOWING TERMS APPLY TO THE COUNTRY SPECIFIED:
AUSTRIA
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 paragraphs are added to this section:
The warranty period for Machines is 12 months from the date of delivery. The
limitation period for consumers in action for breach of warranty is the
statutory period as a minimum. 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.
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 delivery of the failing Machine
IBM Statement of Limited Warranty
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