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disputes relating to it will be submitted to the exclusive jurisdiction of the English
courts; and 5) in Greece, Israel, Italy, Portugal, and Spain any legal claim arising
out of this Statement will be brought before, and finally settled by, the competent
court of Athens, Tel Aviv, Milan, Lisbon, and Madrid, respectively.
THE FOLLOWING TERMS APPLY TO THE COUNTRY SPECIFIED:
AUSTRIA AND 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 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.
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.
Limitation of Liability: The following paragraph is added to this Section:
The limitations and exclusions specified in the Statement of Limited Warranty will
not apply to damages caused by IBM with fraud or gross negligence and for
express warranty.
The following sentence is added to the end of item 2:
IBM’s liability under this item is limited to the violation of essential contractual
terms in cases of ordinary negligence.
EGYPT
Limitation of Liability: The following replaces item 2 in this Section:
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. For purposes of
this item, the term “Machine” includes Machine Code and Licensed Internal Code.
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).
IRELAND
Appendix E. Warranty information 107