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The following terms apply to the country specified:
EGYPT: Limitation of Liability: The following replaces item 2 in this Section:
2. as to any other actual direct damages, IBM's liability will be limited to the total amount you
paid for the Machine that is the subject of the claim.
Applicability of suppliers and resellers (unchanged).
FRANCE: Limitation of Liability: The following replaces the second sentence of the first
paragraph of this Section:
In such instances, regardless of the basis on which you are entitled to claim damages from IBM,
IBM is liable for no more than: (items 1 and 2 unchanged).
GERMANY: The IBM Warranty for Machines: 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 minimum warranty period for Machines is six months.
In case IBM or your reseller are 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.
Extent of Warranty: The second paragraph does not apply.
Warranty Service: The following is added to this Section:
During the warranty period, transportation for delivery of the failing Machine to IBM will be at
IBM's expense.
Production Status: The following paragraph replaces this Section:
Each Machine is newly manufactured. It may incorporate in addition to new parts, re-used parts
as well.
Limitation of Liability: The following is added to this Section:
The limitations and exclusions specified in the Statement of Warranty will not apply to damages
caused by IBM with fraud or gross negligence and for express warranty.
In item 2, replace “U.S. $100,000” with “1.000.000 DEM.”
The following sentence is added to the end of the first paragraph of item 2:
IBM's liability under this item is limited to the violation of essential contractual terms in cases of
ordinary negligence.
IRELAND: Extent of Warranty: The following is added to this Section:
Except as expressly provided in these terms and conditions, all statutory conditions, including all
warranties implied, but without prejudice to the generality of the foregoing all warranties implied
by the Sale of Goods Act 1893 or the Sale of Goods and Supply of Services Act 1980 are hereby
excluded.
Limitation of Liability: The following replaces items one and two of the first paragraph of this
Section:
1. death or personal injury or physical damage to your real property solely caused by IBM's
negligence; and 2. the amount of any other actual direct damages, up to the greater of Irish
Pounds 75,000 or 125 percent of the charges (if recurring, the 12 months' charges apply) for the
Machine that is the subject of the claim or which otherwise gives rise to the claim.
Part 2: Appendixes 2-15