IBM @server xSeries 343, Product Manual

Page: 127 / 193

xSeries 343 Product Guide
115
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. SOME STATES OR
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Governing Law
Both you and IBM 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 IBM'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
Governing Law: 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.
BRAZIL
Governing Law: The following is added after the first sentence:
Any litigation arising from this Statement of Limited Warranty will be settled
exclusively by the court of Rio de Janeiro, RJ.
PERU
Limitation of Liability: The following is added at the end of this section:
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”).