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IBM Computer Drive User Manual

Page 23

background image

In

accordance

with

Article

1328

of

the

Peruvian

Civil

Code

the

limitations

and

exclusions

specified

in

this

section

will

not

apply

to

damages

caused

by

IBM’s

willful

misconduct

(

″dolo″)

or

gross

negligence

(

″culpa

inexcusable

″).

NORTH

AMERICA

How

to

Obtain

Warranty

Service:

The

following

is

added

to

this

Section:

To

obtain

warranty

service

from

IBM

in

Canada

or

the

United

States,

call

1-800-IBM-SERV

(426-7378).

CANADA

Limitation

of

Liability:

The

following

replaces

item

1

of

this

section:

1.

1.

damages

for

bodily

injury

(including

death)

or

physical

harm

to

real

property

and

tangible

personal

property

caused

by

IBM’s

negligence;

and

Governing

Law:

The

following

replaces

“laws

of

the

country

in

which

you

acquired

the

Machine”

in

the

first

sentence:

laws

in

the

Province

of

Ontario.

UNITED

STATES

Governing

Law:

The

following

replaces

“laws

of

the

country

in

which

you

acquired

the

Machine”

in

the

first

sentence:

laws

of

the

State

of

New

York.

ASIA

PACIFIC

AUSTRALIA

What

this

Warranty

Covers:

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

Trade

Practices

Act

1974

or

other

similar

legislation

and

are

only

limited

to

the

extent

permitted

by

the

applicable

legislation.

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

or

other

similar

legislation,

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.

Governing

Law:

The

following

replaces

“laws

of

the

country

in

which

you

acquired

the

Machine”

in

the

first

sentence:

laws

of

the

State

or

Territory.

CAMBODIA,

LAOS,

AND

VIETNAM

Governing

Law:

The

following

replaces

“laws

of

the

country

in

which

you

acquired

the

Machine”

in

the

first

sentence:

laws

of

the

State

of

New

York,

United

States

of

America.

CAMBODIA,

INDONESIA,

LAOS,

AND

VIETNAM

Appendix

B.

IBM

Statement

of

Limited

Warranty

-

Z125-4753-07

-

11/2002

B-5