IBM 40/80 GB DLT IBMs, Goods, Right Sell, Title, or, Kind, Laws State, Items, Limited to That

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

If

you

purchased

an

IBM

Machine

in

Austria,

Belgium,

Denmark,

Estonia,

Finland,

France,

Germany,

Greece,

Iceland,

Ireland,

Italy,

Latvia,

Lithuania,

Luxembourg,

Netherlands,

Norway,

Portugal,

Spain,

Sweden,

Switzerland

or

United

Kingdom,

you

may

obtain

warranty

service for

that

Machine

in

any

of

those

countries

from

either

(1)

an

IBM

reseller

approved

to

perform

warranty

service

or

(2)

from

IBM.

If

you

purchased

an

IBM

Personal

Computer

Machine

in

Albania, Armenia, Belarus, Bosnia and

Herzegovina,

Bulgaria,

Croatia,

Czech

Republic,

Georgia, Hungary,

Kazakhstan,

Kirghizia,

Federal

Republic

of

Yugoslavia, Former

Yugoslav

Republic

of

Macedonia

(FYROM),

Moldova,

Poland,

Romania,

Russia,

Slovak

Republic,

Slovenia,

or

Ukraine,

you

may

obtain

warranty

service

for

that Machine

in

any

of

those

countries

from

either

(1)

an

IBM

reseller

approved to

perform

warranty

service

or

(2)

from

IBM.

The

applicable

laws,

Country-unique

terms

and

competent

court

for

this Statement are those of

the

country

in

which

the

warranty

service

is

being

provided.

However,

the

laws

of

Austria

govern

this

Statement

if

the

warranty

service

is

provided

in

Albania,

Armenia, Belarus,

Bosnia

and

Herzegovina,

Bulgaria, Croatia, Czech Republic, Federal

Republic

of

Yugoslavia,

Georgia,

Hungary,

Kazakhstan,

Kirghizia,

Former

Yugoslav

Republic

of

Macedonia

(FYROM),

Moldova,

Poland,

Romania,

Russia,

Slovak

Republic,

Slovenia,

and

Ukraine.

2-14 40/80 GB DLT Internal Tape Drive