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The following item is added to this paragraph:
3. breach of IBM's obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the
Supply of Goods and Services Act 1982.
Applicability of suppliers and resellers (unchanged).
The following is added to the end of this Section:
IBM's entire liability and your sole remedy, whether in contract or in tort, in respect of any default will be
limited to damages.
NORTH AMERICA
CANADA: Warranty Service: The following is added to this Section:
To obtain warranty service from IBM, call 1-800-565-3344. In Toronto, call 416-383-3344.
UNITED STATES OF AMERICA: Warranty Service: The following is added to this Section:
To obtain warranty service from IBM, call 1-800-772-2227.
ASIA PACIFIC
AUSTRALIA: The IBM Warranty for Machines: The following paragraph is added to this Section:
The warranties specified in this Section are in addition to any rights you may have under the Trade
Practices Act 1974 or other legislation and are only limited to the extent permitted by the applicable
legislation.
Extent of Warranty: The following replaces the first and second sentences of this Section:
The warranty does not cover the repair or exchange of a Machine resulting from misuse, accident,
modification, unsuitable physical or operating environment, operation in other than the Specified
Operating Environment, improper maintenance by you, or failure caused by a product for which IBM is
not responsible.
Limitation of Liability: The following is added to this Section:
Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974, IBM's
liability is limited to the repair or replacement of the goods or the supply of equivalent goods. Where
that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a
kind ordinarily acquired for personal, domestic or household use or consumption, then none of the
limitations in this paragraph apply.
PEOPLE'S REPUBLIC OF CHINA: Governing Law: The following is added to this Statement:
The laws of the State of New York govern this Statement.
INDIA: Limitation of Liability: The following replaces items 1 and 2 of this Section:
1. liability for bodily injury (including death) or damage to real property and tangible personal property
will be limited to that caused by IBM's negligence;
2. as to any other actual damage arising in any situation involving nonperformance by IBM pursuant to,
or in any way related to the subject of this Statement of Warranty, IBM's liability will be limited to the
charge paid by you for the individual Machine that is the subject of the claim.
NEW ZEALAND: The IBM Warranty for Machines: The following paragraph is added to this Section:
The warranties specified in this Section are in addition to any rights you may have under the Consumer
Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer
Guarantees Act 1993 will not apply in respect of any goods which IBM provides, if you require the goods
for the purposes of a business as defined in that Act.
Limitation of Liability: The following is added to this Section:
Where Machines are not acquired for the purposes of a business as defined in the Consumer
Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.
EUROPE, MIDDLE EAST, AFRICA (EMEA)
The following terms apply to all EMEA countries.
The terms of this Statement of Warranty apply to Machines purchased from an IBM reseller. If you
purchased this Machine from IBM, the terms and conditions of the applicable IBM agreement prevail
over this warranty statement.
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xSeries 370 Installation Guide
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