In accordance with Article 1328 of the Peruvian Civil Code the limitations and exclusions specified in this section will not apply to damages caused by IBM’s willful misconduct (″dolo″) or gross negligence (″culpa inexcusable″).
NORTH AMERICA
How to Obtain Warranty Service: The following is added to this Section: To obtain warranty service from IBM in Canada or the United States, call
CANADA
Limitation of Liability: The following replaces item 1 of this section:
1.damages for bodily injury (including death) or physical harm to real property and tangible personal property caused by IBM’s negligence; and
Governing Law: The following replaces “laws of the country in which you acquired the Machine” in the first sentence:
laws in the Province of Ontario.
UNITED STATES
Governing Law: The following replaces “laws of the country in which you acquired the Machine” in the first sentence:
laws of the State of New York.
ASIA PACIFIC
AUSTRALIA
What this Warranty Covers: 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 Trade Practices Act 1974 or other similar legislation and are only limited to the extent permitted by the applicable legislation.
Limitation of Liability: The following is added to this Section:
Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974 or other similar legislation, 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.
Governing Law: The following replaces “laws of the country in which you acquired the Machine” in the first sentence:
laws of the State or Territory.
CAMBODIA, LAOS, AND VIETNAM
Governing Law: The following replaces “laws of the country in which you acquired the Machine” in the first sentence:
laws of the State of New York, United States of America.
CAMBODIA, INDONESIA, LAOS, AND VIETNAM
Appendix E. IBM Statement of Limited Warranty -
