IBM 8840 Installation Guide - Page 92

Correct, Problems, Limitation, Liability, HUNGARY, IRELAND, Warranty, Covers

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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 twelve 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. The second paragraph does not apply. What IBM Will Do to Correct Problems: 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. HUNGARY Limitation of Liability: The following is added at the end of this section: The limitation and exclusion specified herein shall not apply to liability for a breach of contract damaging life, physical well-being, or health that has been caused intentionally, by gross negligence, or by a criminal act. The parties accept the limitations of liability as valid provisions and state that the Section 314.(2) of the Hungarian Civil Code applies as the acquisition price as well as other advantages arising out of the present Statement of Limited Warranty balance this limitation of liability. IRELAND What this Warranty Covers: The following is added to this section: Except as expressly provided in these terms and conditions, all statutory conditions, including all warranties implied, but without prejudice to the generality of the foregoing all warranties implied by the Sale of Goods Act 1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded. Limitation of Liability: The following replaces the terms of this section in its entirety: For the purposes of this section, a "Default" means any act, statement, omission, or negligence on the part of IBM in connection with, or in relation to, the subject matter of this Statement of Limited Warranty in respect of which IBM is legally liable to 78 IBM xSeries 346 Type 8840: Installation Guide

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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
twelve
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.
The
second
paragraph
does
not
apply.
What
IBM
Will
Do
to
Correct
Problems:
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.
HUNGARY
Limitation
of
Liability:
The
following
is
added
at
the
end
of
this
section:
The
limitation
and
exclusion
specified
herein
shall
not
apply
to
liability
for
a
breach
of
contract
damaging
life,
physical
well-being,
or
health
that
has
been
caused
intentionally,
by
gross
negligence,
or
by
a
criminal
act.
The
parties
accept
the
limitations
of
liability
as
valid
provisions
and
state
that
the
Section
314.(2)
of
the
Hungarian
Civil
Code
applies
as
the
acquisition
price
as
well
as
other
advantages
arising
out
of
the
present
Statement
of
Limited
Warranty
balance
this
limitation
of
liability.
IRELAND
What
this
Warranty
Covers:
The
following
is
added
to
this
section:
Except
as
expressly
provided
in
these
terms
and
conditions,
all
statutory
conditions,
including
all
warranties
implied,
but
without
prejudice
to
the
generality
of
the
foregoing
all
warranties
implied
by
the
Sale
of
Goods
Act
1893
or
the
Sale
of
Goods
and
Supply
of
Services
Act
1980
are
hereby
excluded.
Limitation
of
Liability:
The
following
replaces
the
terms
of
this
section
in
its
entirety:
For
the
purposes
of
this
section,
a
“Default”
means
any
act,
statement,
omission,
or
negligence
on
the
part
of
IBM
in
connection
with,
or
in
relation
to,
the
subject
matter
of
this
Statement
of
Limited
Warranty
in
respect
of
which
IBM
is
legally
liable
to
78
IBM
xSeries
346
Type
8840:
Installation
Guide