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FRANCE AND BELGIUM
Limitation of Liability: The following replaces the terms of this section in its
entirety:
Except as otherwise provided by mandatory law:
1. IBM's liability for any damages and losses that may arise as a consequence
of the fulfillment of its obligations under or in connection with this
Statement of Limited Warranty is limited to the compensation of only those
damages and losses proved and actually arising as an immediate and direct
consequence of the non-fulfillment of such obligations (if IBM is at fault),
for a maximum amount equal to the charges you paid for the Machine that
has caused the damages. For purposes of this item, the term "Machine"
includes Machine Code and Licensed Internal Code ("LIC").
The above limitation shall not apply to damages for bodily injuries
(including death) and damages to real property and tangible personal
property for which IBM is legally liable.
2. UNDER NO CIRCUMSTANCES IS IBM, OR ITS SUPPLIERS,
SUBCONTRACTORS, OR RESELLERS LIABLE FOR ANY OF THE
FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS
OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT
DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES;
3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE
CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES;
OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR
ANTICIPATED SAVINGS.
THE FOLLOWING TERMS APPLY TO THE COUNTRY SPECIFIED:
AUSTRIA AND GERMANY
What this Warranty Covers: 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 twelve months. In case IBM or
your reseller is unable to repair an IBM Machine, you can alternatively ask for
a price reduction 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.
The second paragraph does not apply.
Appendix B. IBM Statement of Limited Warranty Z125-4753-09 08/2006
47
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