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.
Warranty Service:
If you purchased an IBM Machine in Austria, Belgium,
Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy,
Latvia, Lithuania, Luxembourg, Netherlands, Norway, Portugal, Spain,
Sweden, Switzerland or United Kingdom, you may obtain warranty service
for that Machine in any of those countries from either (1) an IBM reseller
approved to perform warranty service or (2) from IBM.
If you purchased an IBM Personal Computer Machine in Albania, Armenia,
Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Georgia,
Hungary, Kazakhstan, Kirghizia, Federal Republic of Yugoslavia, Former
Yugoslav Republic of Macedonia (FYROM), Moldova, Poland, Romania,
Russia, Slovak Republic, Slovenia, or Ukraine, you may obtain warranty
service for that Machine in any of those countries from either (1) an IBM
reseller approved to perform warranty service or (2) from IBM.
The applicable laws, Country-unique terms and competent court for this
Statement are those of the country in which the warranty service is being
Appendix. Product warranty and notices
39
