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IBM M400 User Manual

Page 72

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Limitation of Liability: The following replaces the second sentence of the first

paragraph of this section:

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.

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

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IBM M400 PROJECTOR: User’s Guide