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D-10
IBM Personal Computer User Guide
Part 2 - Country-Unique Terms
ASIA PACIFIC
AUSTRALIA: The IBM warranty for Machines.
The following paragraph is added
to this Section:
The warranties specifies 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 subject of the claim.