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The applicable laws that govern, interpret and enforce rights, duties, and obligations
of each of us arising from, or relating in any manner to, the subject matter of this
Statement, without regard to conflict of laws principles, as well as Country-unique
terms and competent court for this Statement are those of the country in which the
warranty service is being provided, except that in 1) Albania, Bosnia-Herzegovina,
Bulgaria, Croatia, Hungary, Former Yugoslav Republic of Macedonia, Romania,
Slovakia, Slovenia, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan,
Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan,
the laws of Austria apply; 2) Estonia, Latvia, and Lithuania, the laws of Finland
apply; 3) Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, Central African
Republic, Chad, Congo, Djibouti, Democratic Republic of Congo, Equatorial Guinea,
France, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Mali,
Mauritania, Morocco, Niger, Senegal, Togo, and Tunisia, this Agreement will be
construed and the legal relations between the parties will be determined in
accordance with the French laws and all disputes arising out of this Agreement or
related to its violation or execution, including summary proceedings, will be settled
exclusively by the Commercial Court of Paris; 4) Angola, Bahrain, Botswana,
Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi,
Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi
Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, United
Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe, this Agreement will be
governed by English Law and 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.
44 FAStT Host Adapter Installation and User's Guide