Part 2 - Country-Unique Terms - IBM xSeries 445 Installation Manual
Type 8870
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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
Governing Law: 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.
BRAZIL
Governing Law: The following is added after the first sentence:
Any litigation arising from this Statement of Limited Warranty will be settled
exclusively by the court of Rio de Janeiro, RJ.
PERU
Limitation of Liability: The following is added at the end of this section:
In accordance with Article 1328 of the Peruvian Civil Code the limitations and
exclusions specified in this section will not apply to damages caused by IBM's willful
misconduct ("dolo") or gross negligence ("culpa inexcusable").
NORTH AMERICA
How to Obtain Warranty Service: The following is added to this Section:
To obtain warranty service from IBM in Canada or the United States, call
1-800-IBM-SERV (426-7378).
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xSeries 445 Type 8870: Installation Guide
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