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IBM PROJECTOR C400 User Manual

Page 78

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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.

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

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

you,

whether

in

contract

or

tort.

A

number

of

Defaults

which

together

result

in,

or

contribute

to,

substantially

the

same

loss

or

damage

will

be

treated

as

one

Default

occurring

on

the

date

of

occurrence

of

the

last

such

Default.

Circumstances

may

arise

where,

because

of

a

Default,

you

are

entitled

to

recover

damages

from

IBM.

This

section

sets

out

the

extent

of

IBM’s

liability

and

your

sole

remedy.

1.

IBM

will

accept

unlimited

liability

for

death

or

personal

injury

caused

by

the

negligence

of

IBM

2.

Subject

always

to

the

Items

for

Which

IBM

is

Not

Liable

below,

IBM

will

accept

unlimited

liability

for

physical

damage

to

your

tangible

property

resulting

from

the

negligence

of

IBM.

E-12

IBM

C400

PROJECTOR:

User’s

Guide