IBM ThinkPad X40 Series Service And Troubleshooting Manual page 81

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"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 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:
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.
EGYPT
Limitation of Liability: The following replaces item 2 in this section:
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. For
Appendix B. Warranty information
59

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