IBM eServer xSeries 300 User Reference Manual page 123

reseller, approved by IBM to perform warranty service on that Machine in that country.
Warranty service in Africa is available within 50 kilometers of an IBM authorized
service provider. You are responsible for transportation costs for Machines located
outside 50 kilometers of an IBM authorized service provider.
Governing Law:
The applicable laws that govern, interpret and enforce rights, duties, and obligations
of each of us arising from, or relating in any manner to, the subject matter of this
Statement, without regard to conflict of laws principles, as well as Country-unique
terms and competent court for this Statement are those of the country in which the
warranty service is being provided, except that in 1) Albania, Bosnia-Herzegovina,
Bulgaria, Croatia, Hungary, Former Yugoslav Republic of Macedonia, Romania,
Slovakia, Slovenia, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,
Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan, the laws of
Austria apply; 2) Estonia, Latvia, and Lithuania, the laws of Finland apply; 3) Algeria,
Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Congo,
Djibouti, Democratic Republic of Congo, Equatorial Guinea, France, Gabon, Gambia,
Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Mali, Mauritania, Morocco, Niger,
Senegal, Togo, and Tunisia, this Agreement will be construed and the legal relations
between the parties will be determined in accordance with the French laws and all
disputes arising out of this Agreement or related to its violation or execution, including
summary proceedings, will be settled exclusively by the Commercial Court of Paris; 4)
Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya,
Kuwait, Liberia, Malawi, Malta, Mozambique, 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.
109
Appendix A. Product warranties and notices