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 E. Product warranty and notices |