IBM 40/80 GB DLT This Section, IBMs Liability, Basis, For Its, Six Months, Can, Ask, Partial, Far

The following terms apply to the country specified:

EGYPT:

Limitation

of

Liability:

The following

replaces item

2

in

this Section:

2.

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.

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).

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

are

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.

Production

Status:

The following paragraph replaces this Section:

Each

Machine

is

newly

manufactured.

It

may

incorporate

in

addition

to

new

parts,

re-used

parts

as

well.

Limitation

of

Liability:

The

following

is

added

to

this

Section:

The

limitations

and

exclusions

specified

in

the

Statement

of

Warranty

will

not

apply

to

damages

caused

by

IBM

with

fraud

or

gross

negligence

and for express

warranty.

In item

2,

replace

“U.S.

$100,000”

with

“1.000.000

DEM.”

The

following

sentence

is

added

to

the

end

of

the

first

paragraph

of

item 2:

IBM's

liability

under

this

item is

limited

to

the

violation

of

essential

contractual

terms

in

cases of

ordinary

negligence.

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

the

greater

of

Irish

Pounds

75,000

or

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.

Part 2: Appendixes 2-15