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Extent of Warranty: The following replaces the first and second sentences of this
Section: The warranty does not cover the repair or exchange of a Machine resulting
from misuse, accident, modification, unsuitable physical or operating environment,
operation in other than the Specified Operating Environment, improper maintenance
by you, or failure caused by a product for which IBM is not responsible.
Limitation of Liability:The following is added to this Section: Where IBM is in
breach of a condition or warranty implied by the Trade Practices Act 1974, IBM's
liability is limited to the repair or replacement of the goods or the supply of
equivalent goods. Where that condition or warranty relates to right to sell, quiet
possession or clear title, or the goods 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 Limited
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 Limited 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,
103
Notices
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