IBM P09N4108 Extent, Does Not, Repair, Other Than, Failure, Act 1974 IBMs, Goods, Title, or

Part

2

-

Worldwide

Country-Unique

Terms

ASIA

PACIFIC

AUSTRALIA:

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

Trade

Practices

Act

1974

or

other

legislation

and

are

only

limited

to

the

extent

permitted

by

the

applicable

legislation.

Extent

of

Warranty:

The

following

replaces

the

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

Trade

Practices

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

York

govern

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

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.

The

terms

of

this

Statement

of

Warranty

apply

to

Machines

purchased

from

an

IBM

reseller.

If

you

purchased

this

Machine

from

IBM,

the

terms

and

conditions

of the

applicable

IBM

agreement

prevail

over

this

warranty

statement.

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