IBM 25R0012 User Guide - Page 93

Limitation

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PARAGUAY Jurisdiction: The following is added after the first sentence: Any litigation arising from this Statement of Limited Warranty will be settled exclusively by the courts of the city of Asuncion. PERU Jurisdiction: The following is added after the first sentence: Any litigation arising from this Statement of Limited Warranty will be settled exclusively by the Judges and Tribunals of the Judicial District of Lima, Cercado. Limitation of Liability: The following is added at the end of this section:In accordance with Article 1328 of the Peruvian Civil Code the limitations and exclusions specified in this section will not apply to damages caused by IBM's willful misconduct (″dolo″) or gross negligence (″culpa inexcusable″). URUGUAY Jurisdiction: The following is added after the first sentence: Any litigation arising from this Statement of Limited Warranty will be settled exclusively by the City of Montevideo Court's Jurisdiction. VENEZUELA Jurisdiction: The following is added after the first sentence: Any litigation arising from this Statement of Limited Warranty will be settled exclusively by the Courts of the Metropolitan Area Of the City of Caracas. NORTH AMERICA How to Obtain 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 Limitation of Liability: The following replaces item 1 of this section: 1. damages for bodily injury (including death) or physical harm to real property and tangible personal property caused by IBM's negligence; and 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 What this Warranty Covers: 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 Appendix D. IBM Statement of Limited Warranty Z125-4753-08 04/2004 77

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PARAGUAY
Jurisdiction:
The
following
is
added
after
the
first
sentence:
Any
litigation
arising
from
this
Statement
of
Limited
Warranty
will
be
settled
exclusively
by
the
courts
of
the
city
of
Asuncion.
PERU
Jurisdiction:
The
following
is
added
after
the
first
sentence:
Any
litigation
arising
from
this
Statement
of
Limited
Warranty
will
be
settled
exclusively
by
the
Judges
and
Tribunals
of
the
Judicial
District
of
Lima,
Cercado.
Limitation
of
Liability:
The
following
is
added
at
the
end
of
this
section:
In
accordance
with
Article
1328
of
the
Peruvian
Civil
Code
the
limitations
and
exclusions
specified
in
this
section
will
not
apply
to
damages
caused
by
IBM’s
willful
misconduct
(
″
dolo
″
)
or
gross
negligence
(
″
culpa
inexcusable
″
).
URUGUAY
Jurisdiction:
The
following
is
added
after
the
first
sentence:
Any
litigation
arising
from
this
Statement
of
Limited
Warranty
will
be
settled
exclusively
by
the
City
of
Montevideo
Court’s
Jurisdiction.
VENEZUELA
Jurisdiction:
The
following
is
added
after
the
first
sentence:
Any
litigation
arising
from
this
Statement
of
Limited
Warranty
will
be
settled
exclusively
by
the
Courts
of
the
Metropolitan
Area
Of
the
City
of
Caracas.
NORTH
AMERICA
How
to
Obtain
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
Limitation
of
Liability:
The
following
replaces
item
1
of
this
section:
1.
damages
for
bodily
injury
(including
death)
or
physical
harm
to
real
property
and
tangible
personal
property
caused
by
IBM’s
negligence;
and
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
What
this
Warranty
Covers:
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
Appendix
D.
IBM
Statement
of
Limited
Warranty
Z125-4753-08
04/2004
77