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authorized service provider. You are responsible for transportation costs for
Machines located outside 50 kilometers of an IBM authorized service provider.
Governing Law:
The applicable laws, that govern, interpret and enforce rights, duties, and
obligations of each of us arising from, or relating in any manner to, the subject
matter of this Statement, without regard to conflict of laws principles, as well as
Country-unique terms and competent court for this Statement, are those of the
country in which the warranty service is being provided , except that 1) in Albania,
Bosnia-Herzegovina, Bulgaria, Croatia, Hungary, Former Yugoslav Republic of
Macedonia, Romania, Slovakia, Slovenia, Armenia, Azerbaijan, Belarus, Georgia,
Kazakhstan, Kyrgyzstan, Moldava, Russia, Tajikistan, Turkmenistan, Ukraine, and
Uzbekistan, the laws of Austria apply; 2) in Estonia, Latvia, and Lithuania, the laws
of Finland apply; 3) in Algeria, Benin, Burkina Faso, Cameroon, Cape Verde,
Central African Republic, Chad, Congo, Djibouti, Democratic Republic of Congo,
Equatorial Guinea, France, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast,
Lebanon, Mali, Mauritania, Morocco, Niger, Senegal, Togo, and Tunisia, this
Agreement will be construed and the legal relations between the parties will be
determined in accordance with the French laws and all disputes arising out of this
Agreement or related to its violation or execution, including summary proceedings,
will be settled exclusively by the Commercial Court of Paris; 4) in Angola, Bahrain,
Botswana, Burundi, Egypt Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia,
Malawi, Malta, Mozambique, Nigeria, Oman, Oman Pakistan, Qatar, Rwanda, Sao
Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab
Emirates, United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe, this
Agreement will be governed by English Law and disputes relating to it will be
submitted to the exclusive jurisdiction of the English courts; and 5) in Greece,
Israel, Italy, Portugal, and Spain, any legal claim arising out of this Statement will be
brought before, and finally settled by, the competent court of Athens, Tel Aviv, Milan,
Lisbon, and Madrid, respectively.
THE FOLLOWING TERMS APPLY TO THE COUNTRY SPECIFIED:
AUSTRIA and 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 is 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.
Limitation of Liability: The following paragraph is added to this Section:
The limitations and exclusions specified in the Statement of Limited Warranty will
not apply to damages caused by IBM with fraud or gross negligence and for
express warranty.
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.
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