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Appendix D. Product warranties and notices D-7
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
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)