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, 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.
PEOPLE’S REPUBLIC OF CHINA: Governing Law:
The following is added
to this Statement:
The laws of the State of New York govern this Statement.
INDIA: Limitation of Liability:
The following replaces items 1 and 2 of this
Section:
1.
liability for bodily injury (including death) or damage to real property and
tangible personal property will be limited to that caused by IBM’s
negligence;
2.
as to any other actual damage arising in any situation involving
nonperformance by IBM pursuant to, or in any way related to the subject
of this Statement of Warranty, IBM’s liability will be limited to the charge
paid by you for the individual Machine that is the subject of the claim.
NEW ZEALAND: 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 Consumer Guarantees Act 1993 or other legislation which
cannot be excluded or limited. The Consumer Guarantees Act 1993 will not
apply in respect of any goods which IBM provides, if you require the goods
for the purposes of a business as defined in that Act.
Limitation of Liability:
The following is added to this Section:
Where Machines are not acquired for the purposes of a business as defined in
the Consumer Guarantees Act 1993, the limitations in this Section are subject
to the limitations in that Act.
EUROPE, MIDDLE EAST, AFRICA (EMEA)
The following terms apply to all EMEA countries.
The terms of this Statement of Warranty apply to Machines purchased from
an IBM reseller. If you purchased this Machine from IBM, the terms and
conditions of the applicable IBM agreement prevail over this warranty
statement.
Warranty Service
Appendix F. Product warranties and notices
57
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