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Part2-Worldwide Country-Unique Terms
ASIA PACIFIC
AUSTRALIA: 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 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 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.
Appendix F. Product warranty and notices 29