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).
Appendix D. Product warranty and notices
D-9
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