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This limit also applies to IBM's suppliers and your reseller. It is the maximum for which IBM, its suppliers, and your
reseller are collectively responsible.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE FOLLOWING: 1) THIRD-PARTY
CLAIMS AGAINST YOU FOR DAMAGES (OTHER THAN THOSE UNDER THE FIRST ITEM LISTED
ABOVE); 2) LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA; OR 3) SPECIAL, INCIDENTAL, OR
INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST
PROFITS OR SAVINGS), EVEN IF IBM, ITS SUPPLIERS OR YOUR RESELLER IS INFORMED OF THEIR
POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
Part 2 - Worldwide Country-Unique Terms
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.
56
IBM Netfinity FAStT500 RAID Controller Enclosure Unit Installation Guide
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