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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)
The following terms apply to all EMEA countries.
The terms of this Statement of Warranty apply to Machines purchased from an
IBM reseller. If you purchased this Machine from IBM, the terms and
conditions of the applicable IBM agreement prevail over this warranty
statement.
Warranty Service
If you purchased an IBM Machine in Austria, Belgium, Denmark, Estonia,
Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland or
United Kingdom, you may obtain warranty service for that Machine in any of
those countries from either (1) an IBM reseller approved to perform warranty
service or (2) from IBM.
Appendix D. Product warranties and notices D-9