IBM eserver xSeries 350 User Reference Manual page 162

the laws of Austria govern this Statement if the warranty service is provided in
Albania, Armenia, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Czech
Republic, Federal Republic of Yugoslavia, Georgia, Hungary, Kazakhstan, Kirghizia,
Former Yugoslav Republic of Macedonia (FYROM), Moldova, Poland, Romania,
Russia, Slovak Republic, Slovenia, and Ukraine.
The following terms apply to the country specified:
EGYPT: Limitation of Liability: The following replaces item 2 in this Section:
2. 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.
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).
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 are 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.
Production Status: The following paragraph replaces this Section:
Each Machine is newly manufactured. It may incorporate in addition to new parts, re-
used parts as well.
Limitation of Liability: The following is added to this Section:
The limitations and exclusions specified in the Statement of Warranty will not apply
to damages caused by IBM with fraud or gross negligence and for express warranty.
In item 2, replace "U.S. $100,000" with "1.000.000 DEM."
The following sentence is added to the end of the first paragraph of item 2:
IBM's liability under this item is limited to the violation of essential contractual terms
in cases of ordinary negligence.
IRELAND: Extent of Warranty: The following is added to this Section:
Except as expressly provided in these terms and conditions, all statutory conditions,
including all warranties implied, but without prejudice to the generality of the
foregoing all warranties implied by the Sale of Goods Act 1893 or the Sale of Goods
and Supply of Services Act 1980 are hereby excluded.
Limitation of Liability: The following replaces items one and two of the first
paragraph of this Section:
1. death or personal injury or physical damage to your real property solely caused by
IBM's negligence; and 2. the amount of any other actual direct damages, up to the
150
IBM® xSeries 350: User's Reference