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:
IBMÆs 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).
FRANCE
Limitation of Liability: The following replaces the second sentence
of the first paragraph of this Section:
In such instances, regardless of the basis on which you are entitled
to claim damages from IBM, IBM is liable for no more than: (items
1 and 2 unchanged).
IRELAND
Extent of Warranty: The following is added to this Section:
Except as expressly provided in these terms and conditions, all
statutory conditions, including all warranties implied, but without
prejudice to the generality of the foregoing all warranties implied by
the Sale of Goods Act 1893 or the Sale of Goods and Supply of
Services Act 1980 are hereby excluded.
Limitation of Liability: The following replaces items one and two
of the first paragraph of this Section:
1. death or personal injury or physical damage to your real
property solely caused by IBM's negligence; and
2. the amount of any other actual direct damages, up to 125
percent of the charges (if recurring, the 12 months' charges
apply) for the Machine that is the subject of the claim or which
otherwise gives rise to the claim.
Applicability of suppliers and resellers (unchanged).
The following paragraph is added at the end of this Section:
IBM's entire liability and your sole remedy, whether in contract or in
tort, in respect of any default shall be limited to damages.
ITALY
Limitation of Liability: The following replaces the second sentence
in the first paragraph:
In each such instance unless otherwise provided by mandatory law,
IBM is liable for no more than:
1. (unchanged)
2. as to any other actual damage arising in all situations involving
nonperformance by IBM pursuant to, or in any way related to
the subject matter of this Statement of Warranty, IBM's liability,
will be limited to the total amount you paid for the Machine
that is the subject of the claim.
Applicability of suppliers and resellers (unchanged).
The following replaces the third paragraph of this Section:
Unless otherwise provided by mandatory law, IBM and your reseller
are not liable for any of the following: (items 1 and 2 unchanged) 3)
indirect damages, even if IBM or your reseller is informed of their
possibility.
SOUTH AFRICA, NAMIBIA, BOTSWANA, LESOTHO AND
SWAZILAND
Limitation of Liability: The following is added to this Section:
IBM's entire liability to you for actual damages arising in all
situations involving nonperformance by IBM in respect of the
subject matter of this Statement of Warranty will be limited to the
charge paid by you for the individual Machine that is the subject of
your claim from IBM.
UNITED KINGDOM
Limitation of Liability: The following replaces items 1 and 2 of the
first paragraph of this Section:
1. death or personal injury or physical damage to your real
property solely caused by IBM's negligence;
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