Law and disputes relating to it 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 ofAthens, 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).
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).
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
D-8 IBM Multi-Burner User’s Guide