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
27
Summary of Contents for xSeries 382
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