IBM TotalStorage DS300 Hardware Installation And User's Manual page 92

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 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.
The second paragraph does not apply.
What IBM Will Do to Correct Problems: 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 item 2:
IBM's liability under this item is limited to the violation of essential contractual terms
in cases of ordinary negligence.
HUNGARY
Limitation of Liability: The following is added at the end of this section:
The limitation and exclusion specified herein shall not apply to liability for a breach
of contract damaging life, physical well-being, or health that has been caused
intentionally, by gross negligence, or by a criminal act.
The parties accept the limitations of liability as valid provisions and state that the
Section 314.(2) of the Hungarian Civil Code applies as the acquisition price as well
as other advantages arising out of the present Statement of Limited Warranty
balance this limitation of liability.
IRELAND
What this Warranty Covers: 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 the terms of this section in its
entirety:
For the purposes of this section, a "Default" means any act, statement, omission, or
negligence on the part of IBM in connection with, or in relation to, the subject matter
of this Statement of Limited Warranty in respect of which IBM is legally liable to
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IBM TotalStorage DS300 and DS400: Hardware Installation and User's Guide