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IBM E400 User Manual

Page 61

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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:

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

purposes

of

this

item,

the

term

“Machine”

includes

Machine

Code

and

Licensed

Internal

Code

(LIC).

Applicability

of

suppliers

and

resellers

(unchanged).

Dodatek

E.

IBM

Statement

of

Limited

Warranty

-

Z125-4753-07

-

11/2002

E-11