IBM eServer 330 xSeries, Installation Manual

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Chapter 1. Product warranty and notices
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Slovakia, Slovenia, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,
Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan, the laws of
Austria apply; 2) Estonia, Latvia, and Lithuania, the laws of Finland apply; 3) Algeria,
Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad,
Congo, Djibouti, Democratic Republic of Congo, Equatorial Guinea, France, Gabon,
Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Mali, Mauritania, Morocco,
Niger, Senegal, Togo, and Tunisia, this Agreement will be construed and the legal
relations between the parties will be determined in accordance with the French laws
and all disputes arising out of this Agreement or related to its violation or execution,
including summary proceedings, will be settled exclusively by the Commercial Court
of Paris; 4) Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana,
Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman,
Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania,
Uganda, United Arab Emirates, United Kingdom, West Bank/Gaza, Yemen, Zambia,
and Zimbabwe, this Agreement will be governed by English Law and disputes relating
to it will be submitted to the exclusive jurisdiction of the English courts; and 5) in
Greece, Israel, Italy, Portugal, and Spain any legal claim arising out of this Statement
will be brought before, and finally settled by, the competent court of Athens, Tel Aviv,
Milan, Lisbon, and Madrid, respectively.
THE FOLLOWING TERMS APPLY TO THE COUNTRY SPECIFIED:
AUSTRIA AND GERMANY
The IBM Warranty for Machines: 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 six 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.
Extent of Warranty: The second paragraph does not apply.
Warranty Service: 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.
EGYPT
Limitation of Liability: The following replaces item 2 in this Section:
as to any other actual direct damages, IBM's liability will be limited to the total amount
you paid for the Machine that is the subject of the claim. For purposes of this item, the
term "Machine" includes Machine Code and Licensed Internal Code.
Applicability of suppliers and resellers (unchanged).