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.
AppendixD. Product warranty and support information D-11