Extent of Warranty: The following replacesthe first and second sentences of
this Section: The warranty does not cover the repair or exchange of a Machine
resulting from misuse, accident, modification, unsuitable physical or operating
environment, operation in other than the Specified Operating Environment,
improper maintenance by you, or failure caused by a product for which IBM
is not responsible.
Limitation of Liability: The following is added to this Section: Where IBM is
in breach of a condition or warranty implied by the TradePractices Act 1974,
IBM’s liability is limited to the repair or replacement of the goods or the
supply of equivalent goods. Where that condition or warranty relates to right
to sell, quiet possession or clear title, or the goods are of a kind ordinarily
acquired for personal, domestic or household use or consumption, then none
of the limitations in this paragraph apply.
PEOPLE’S REPUBLIC OF CHINA: Governing Law: The following is added
to this Statement: The laws of the State of New Yorkgovern this Statement.
INDIA: Limitation of Liability: The following replaces items 1 and 2 of this
Section: 1. liability for bodily injury (including death) or damage to real
property and tangible personal property will be limited to that caused by
IBM’s negligence; 2. as to any other actual damage arising in any situation
involving nonperformance by IBM pursuant to, or in any way related to the
subject of this Statement of Limited Warranty,IBM’s liability will be limited to
the charge paid by you for the individual Machine that is the subject of the
claim.
NEW ZEALAND: The IBM Warranty for Machines: The following paragraph
is added to this Section: The warranties specified in this Section are in
addition to any rights you may have under the Consumer Guarantees Act
1993 or other legislation which cannot be excluded or limited. The Consumer
Guarantees Act 1993 will not apply in respect of any goods which IBM
provides, if you require the goods for the purposes of a business as defined in
that Act.
Limitation of Liability: The following is added to this Section: Where
Machines are not acquired for the purposes of a business as defined in the
Consumer Guarantees Act 1993, the limitations in this Section are subject to
the limitations in that Act.
EUROPE, MIDDLE EAST, AFRICA (EMEA)
The following terms apply to all EMEA countries.
Notices 127