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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
Appendix B. Warranty Information 61