IBM 73P3309 User Manual page 52

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, ITS SUPPLIERS 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.
FRANCE AND BELGIUM
Limitation of Liability: The following replaces ther 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, ITS SUPPLIERS 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
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 12 months from the date of delivery. . The limitation
period for consumers in action for breach of warranty is the statutory period as a minimum. 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:
E-10
IBM Multi-Burner Plus User's Guide