IBM 867282X Installation Guide - Page 44

Part 2 - Country-unique Terms, DAMAGES, LOST PROFITS OR LOST SAVINGS, EVEN IF IBM, ITS SUPPLIERS

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OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST SAVINGS, EVEN IF IBM, ITS SUPPLIERS OR YOUR RESELLER IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Governing Law Both you and IBM consent to the application of the laws of the country in which you acquired the Machine to govern, interpret, and enforce all of your and IBM's rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles. Part 2 - Country-unique Terms AMERICAS BRAZIL Governing Law: The following is added after the first sentence: Any litigation arising from this Agreement will be settled exclusively by the court of Rio de Janeiro. NORTH AMERICA Warranty Service: The following is added to this Section: To obtain warranty service from IBM in Canada or the United States, call 1-800-IBMSERV (426-7378). CANADA Governing Law: The following replaces "laws of the country in which you acquired the Machine" in the first sentence: laws in the Province of Ontario. UNITED STATES Governing Law: The following replaces "laws of the country in which you acquired the Machine" in the first sentence: laws of the State of New York. 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 similar legislation and are only limited to the extent permitted by the applicable legislation. 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 or other similar legislation, 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. Governing Law: The following replaces "laws of the country in which you acquired the Machine" in the first sentence: laws of the State or Territory. 32 xSeries 300: Installation Guide

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32
xSeries 300: Installation Guide
OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL
DAMAGES, LOST PROFITS OR LOST SAVINGS, EVEN IF IBM, ITS SUPPLIERS
OR YOUR RESELLER IS INFORMED OF THEIR POSSIBILITY. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Governing Law
Both you and IBM consent to the application of the laws of the country in which you
acquired the Machine to govern, interpret, and enforce all of your and IBM
’
s rights,
duties, and obligations arising from, or relating in any manner to, the subject matter of
this Agreement, without regard to conflict of law principles.
Part 2 - Country-unique Terms
AMERICAS
BRAZIL
Governing Law:
The following is added after the first sentence:
Any litigation arising from this Agreement will be settled exclusively by the court of
Rio de Janeiro.
NORTH AMERICA
Warranty Service:
The following is added to this Section:
To obtain warranty service from IBM in Canada or the United States, call 1-800-IBM-
SERV (426-7378).
CANADA
Governing Law:
The following replaces "laws of the country in which you acquired the
Machine" in the first sentence:
laws in the Province of Ontario.
UNITED STATES
Governing Law:
The following replaces "laws of the country in which you acquired the
Machine" in the first sentence:
laws of the State of New York.
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 similar legislation and are only limited to
the extent permitted by the applicable legislation.
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 or other similar legislation, 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.
Governing Law:
The following replaces "laws of the country in which you acquired the
Machine" in the first sentence:
laws of the State or Territory.