IBM E400 Part 2 - Country-unique Terms, Do Not Allow Limitations On How Long An Implied Warranty

DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY

LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Governing Law

Both you and IBM consent to the application of the laws of the country in which you acquired the Machine to govern, interpret, and enforce all of your and IBM’s rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Statement of Limited Warranty, without regard to conflict of law principles.

THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

Jurisdiction

All of our rights, duties, and obligations are subject to the courts of the country in which you acquired the Machine.

Part 2 - Country-unique Terms

AMERICAS

ARGENTINA

Governing Law: The following is added after the first sentence:

Any litigation arising from this Statement of Limited Warranty will be settled exclusively by the Ordinary Commercial Court of the city of Buenos Aires.

BRAZIL

Governing Law: The following is added after the first sentence:

Any litigation arising from this Statement of Limited Warranty will be settled exclusively by the court of Rio de Janeiro, RJ.

Peru

Limitation of Liability: The following is added at the end of this section:

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 1-800-IBM-SERV (426-7378).

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

E-4IBM E400 PROJECTOR: User’s Guide