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Part 2 - country-unique terms, Part, Country-unique – Lenovo Gemplus 41N3005 User Manual

Page 21: Terms

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Limitation

of

Liability

Lenovo

is

responsible

for

loss

of,

or

damage

to,

your

Machine

only

while

it

is

1)

in

your

Service

Provider’s

possession

or

2)

in

transit

in

those

cases

where

Lenovo

is

responsible

for

the

transportation

charges.

Neither

Lenovo

nor

your

Service

Provider

are

responsible

for

any

of

your

confidential,

proprietary

or

personal

information

contained

in

a

Machine

which

you

return

for

any

reason.

You

should

remove

all

such

information

from

the

Machine

prior

to

its

return.

Circumstances

may

arise

where,

because

of

a

default

on

Lenovo’s

part

or

other

liability,

you

are

entitled

to

recover

damages

from

Lenovo.

In

each

such

instance,

regardless

of

the

basis

on

which

you

are

entitled

to

claim

damages

from

Lenovo

(including

fundamental

breach,

negligence,

misrepresentation,

or

other

contract

or

tort

claim),

except

for

any

liability

that

cannot

be

waived

or

limited

by

applicable

laws,

Lenovo

is

liable

for

no

more

than

1.

damages

for

bodily

injury

(including

death)

and

damage

to

real

property

and

tangible

personal

property

for

which

Lenovo

is

legally

liable;

and

2.

the

amount

of

any

other

actual

direct

damages,

up

to

the

charges

for

the

Machine

that

is

subject

of

the

claim.

This

limit

also

applies

to

Lenovo’s

suppliers,

resellers

and

your

Service

Provider.

It

is

the

maximum

for

which

Lenovo,

its

suppliers,

resellers,

and

your

Service

Provider

are

collectively

responsible.

UNDER

NO

CIRCUMSTANCES

IS

LENOVO,

ITS

SUPPLIERS,

RESELLERS

OR

SERVICE

PROVIDERS

LIABLE

FOR

ANY

OF

THE

FOLLOWING

EVEN

IF

INFORMED

OF

THEIR

POSSIBILITY:

1)

THIRD

PARTY

CLAIMS

AGAINST

YOU

FOR

DAMAGES

(OTHER

THAN

THOSE

UNDER

THE

FIRST

ITEM

LISTED

ABOVE);

2)

LOSS

OF,

OR

DAMAGE

TO,

DATA;

3)

SPECIAL,

INCIDENTAL,

OR

INDIRECT

DAMAGES

OR

FOR

ANY

ECONOMIC

CONSEQUENTIAL

DAMAGES;

OR

4)

LOST

PROFITS,

BUSINESS

REVENUE,

GOODWILL

OR

ANTICIPATED

SAVINGS.

SOME

STATES

OR

JURISDICTIONS

DO

NOT

ALLOW

THE

EXCLUSION

OR

LIMITATION

OF

INCIDENTAL

OR

CONSEQUENTIAL

DAMAGES,

SO

THE

ABOVE

LIMITATION

OR

EXCLUSION

MAY

NOT

APPLY

TO

YOU.

Governing

Law

Both

you

and

Lenovo

consent

to

the

application

of

the

laws

of

the

country

in

which

you

acquired

the

Machine

to

govern,

interpret,

and

enforce

all

of

your

and

Lenovo’s

rights,

duties,

and

obligations

arising

from,

or

relating

in

any

manner

to,

the

subject

matter

of

this

Statement

of

Limited

Warranty,

without

regard

to

conflict

of

law

principles.

THESE

WARRANTIES

GIVE

YOU

SPECIFIC

LEGAL

RIGHTS

AND

YOU

MAY

ALSO

HAVE

OTHER

RIGHTS

WHICH

VARY

FROM

STATE

TO

STATE

OR

JURISDICTION

TO

JURISDICTION.

Jurisdiction

All

of

our

rights,

duties,

and

obligations

are

subject

to

the

courts

of

the

country

in

which

you

acquired

the

Machine.

Part

2

-

Country-unique

Terms

AMERICAS

ARGENTINA
Jurisdiction:

The

following

is

added

after

the

first

sentence:

Any

litigation

arising

from

this

Statement

of

Limited

Warranty

will

be

settled

exclusively

by

the

Ordinary

Commercial

Court

of

the

city

of

Buenos

Aires.

Lenovo

Statement

of

Limited

Warranty

13