and
Licensed
Internal
Code
(″LIC″).
The
above
limitation
shall
not
apply
to
damages
for
bodily
injuries
(including
death)
and
damages
to
real
property
and
tangible
personal
property
for
which
IBM
is
legally
liable.
2.
UNDER
NO
CIRCUMSTANCES
IS
IBM,
ITS
SUPPLIERS
OR
RESELLERS
LIABLE
FOR
ANY
OF
THE
FOLLOWING,
EVEN
IF
INFORMED
OF
THEIR
POSSIBILITY:
1)
LOSS
OF,
OR
DAMAGE
TO,
DATA;
2)
INCIDENTAL
OR
INDIRECT
DAMAGES,
OR
FOR
ANY
ECONOMIC
CONSEQUENTIAL
DAMAGES;
3)
LOST
PROFITS,
EVEN
IF
THEY
ARISE
AS
AN
IMMEDIATE
CONSEQUENCE
OF
THE
EVENT
THAT
GENERATED
THE
DAMAGES;
OR
4)
LOSS
OF
BUSINESS,
REVENUE,
GOODWILL,
OR
ANTICIPATED
SAVINGS.
THE
FOLLOWING
TERMS
APPLY
TO
THE
COUNTRY
SPECIFIED:
AUSTRIA
The
provisions
of
this
Statement
of
Limited
Warranty
replace
any
applicable
statutory
warranties.
What
this
Warranty
Covers:
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
limitation
period
for
consumers
in
action
for
breach
of
warranty
is
the
statutory
period
as
a
minimum.
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.
The
second
paragraph
does
not
apply.
What
IBM
Will
Do
to
Correct
Problems:
The
following
is
added
to
this
section:
During
the
warranty
period,
IBM
will
reimburse
you
for
the
transportation
charges
for
the
delivery
of
the
failing
Machine
to
IBM.
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
(″LIC″).
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).
Apêndice
E.
IBM
Statement
of
Limited
Warranty
Z125-4753-08
04/2004