IBM eServer 200 xSeries, User Reference Manual, Page: 112 / 128

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IBM xSeries 200: User’s Reference
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION 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 Agreement, without regard to conflict of law principles.
Part 2 - Country-unique Terms
AMERICAS
BRAZIL
Governing Law: The following is added after the first sentence:
Any litigation arising from this Agreement will be settled exclusively by the court of Rio
de Janeiro.
NORTH AMERICA
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
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
The IBM Warranty for Machines: 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