IBM USB Sleek Mouse Manual page 11

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.
Warranty service
If you purchased an IBM Machine in Austria, Belgium, Denmark, Estonia,
Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland,
or United Kingdom, you may obtain warranty service for that Machine in
any of those countries from either (1) an IBM reseller approved to perform
warranty service or (2) from IBM.
If you purchased an IBM Personal Computer Machine in Albania, Armenia,
Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic,
Georgia, Hungary, Kazakhstan, Kirghizia, Federal Republic of Yugoslavia,
Former Yugoslav Republic of Macedonia (FYROM), Moldova, Poland,
Romania, Russia, Slovak Republic, Slovenia, or Ukraine, you may obtain
warranty service for that Machine in any of those countries from either (1)
an IBM reseller approved to perform warranty service or (2) from IBM.
The applicable laws, country-unique terms and competent court for this
Statement are those of the country in which the warranty service is being
provided. However, the laws of Austria govern this Statement if the
warranty service is provided in Albania, Armenia, Belarus, Bosnia and
Herzegovina, Bulgaria, Croatia, Czech Republic, Federal Republic of
Yugoslavia, Georgia, Hungary, Kazakhstan, Kirghizia, Former Yugoslav
Republic of Macedonia (FYROM), Moldova, Poland, Romania, Russia,
Slovak Republic, Slovenia, and Ukraine.
The following terms apply to the country specified:
EGYPT: Limitation of liability: The following replaces item 2 in this
Section:
2. as to any other actual direct damages, IBM's liability will be limited to
the total amount you paid for the Machine that is the subject of the claim.
Applicability of suppliers and resellers (unchanged).
FRANCE: Limitation of liability: The following replaces the second
sentence of the first paragraph of this Section:
In such instances, regardless of the basis on which you are entitled to claim
damages from IBM, IBM is liable for no more than: (items 1 and 2
unchanged).
GERMANY: The IBM warranty for machines: 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 six months.
In case IBM or your reseller are unable to repair an IBM Machine, you can
alternatively ask for a partial refund 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.
Extent of warranty: The second paragraph does not apply.
Warranty service: The following is added to this Section:
During the warranty period, transportation for delivery of the failing
Machine to IBM will be at IBM's expense.
Production status: The following paragraph replaces this Section:
Each Machine is newly manufactured. It may incorporate in addition to
new parts, re-used parts as well.
Limitation of liability: The following is added to this Section:
The limitations and exclusions specified in the Statement of Warranty will
not apply to damages caused by IBM with fraud or gross negligence and for
express warranty.
In item 2, replace "U.S. $100,000" with "1.000.000 DM."
The following sentence is added to the end of the first paragraph of item 2:
IBM's liability under this item is limited to the violation of essential
contractual terms in cases of ordinary negligence.
IRELAND: Extent of warranty: The following is added to this Section:
Except as expressly provided in these terms and conditions, all statutory
conditions, including all warranties implied, but without prejudice to the
generality of the foregoing all warranties implied by the Sale of Goods Act
1893 or the Sale of Goods and Supply of Services Act 1980 are hereby
excluded.
Limitation of liability: The following replaces items one and two of the
first paragraph of this Section:
1. death or personal injury or physical damage to your real property solely
caused by IBM's negligence; and 2. the amount of any other actual direct
damages, up to the greater of Irish Pounds 75,000 or 125 percent of the
charges (if recurring, the 12 months' charges apply) for the Machine that is
the subject of the claim or which otherwise gives rise to the claim.
Applicability of suppliers and resellers (unchanged).
The following paragraph is added at the end of this Section:
IBM's entire liability and your sole remedy, whether in contract or in tort,
in respect of any default shall be limited to damages.
ITALY: Limitation of liability: The following replaces the second
sentence in the first paragraph:
In each such instance unless otherwise provided by mandatory law, IBM is
liable for no more than: (item 1 unchanged) 2)as to any other actual damage
arising in all situations involving non-performance by IBM pursuant to, or
in any way related to the subject matter of this Statement of Warranty,
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