Part 2 - Worldwide Country-Unique Terms - IBM LTO Library User Manual

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
2. as to any other actual damage arising in any situation involving
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.
tangible personal property will be limited to that caused by IBM's negligence;
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.
Appendix B. Product warranties and notices
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