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.
FRANCE
AND
BELGIUM
Limitation
of
Liability:
The
following
replaces
the
terms
of
this
section
in
its
entirety:
Except
as
otherwise
provided
by
mandatory
law:
1.
IBM’s
liability
for
any
damages
and
losses
that
may
arise
as
a
consequence
of
the
fulfillment
of
its
obligations
under
or
in
connection
with
this
Statement
of
Limited
Warranty
is
limited
to
the
compensation
of
only
those
damages
and
losses
proved
and
actually
arising
as
an
immediate
and
direct
consequence
of
the
non-fulfillment
of
such
obligations
(if
IBM
is
at
fault),
for
a
maximum
amount
equal
to
the
charges
you
paid
for
the
Machine
that
has
caused
the
damages.
For
purposes
of
this
item,
the
term
“Machine”
includes
Machine
Code
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
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
warranty
period
for
Machines
is
12
months
from
the
date
of
delivery.
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.
Appendix
B.
IBM
Statement
of
Limited
Warranty
Z125-4753-07
11/2002
89
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