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IBM Nortel 10 User Manual

Page 69

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In

such

instances,

regardless

of

the

basis

on

which

you

are

entitled

to

claim

damages

from

IBM,

IBM

is

liable

for

no

more

than:

(items

1

and

2

unchanged).

GERMANY

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

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.

Appendix

A.

IBM

Statement

of

Limited

Warranty

Z125-4753-08

04/2004

59