and the legal relations between the parties will be determined in accordance
with the French laws and all disputes arising out of this Agreement or related
to its violation or execution, including summary proceedings, will be settled
exclusively by the Commercial Court of Paris; 4) Angola, Bahrain, Botswana,
Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia,
Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao
Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab
Emirates, United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe,
this Agreement will be governed by English Law and disputes relating to it
will be submitted to the exclusive jurisdiction of the English courts; and 5) in
Greece, Israel, Italy, Portugal, and Spain any legal claim arising out of this
Statement will be brought before, and finally settled by,the competent court
of Athens, TelAviv, Milan, Lisbon, and Madrid, respectively.
THE FOLLOWING TERMS APPLY TO THE COUNTRY SPECIFIED:
AUSTRIA AND GERMANY
The IBM Warranty for Machines: 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 minimum warranty period for Machines is six months. 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.
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.
AppendixG. Product warranties and notices 59