IBM 09N4076 Georgia, Moldova, Basis, Than Items, Six, Far As justified by the reduced, Not Apply

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.

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:

Part 2: Appendixes 2-29