IBM 39M5636 User Guide - Page 41

Following, Terms, Apply, Countries

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In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Libya, FYR Macedonia, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan all disputes arising out of this Statement of Limited Warranty or related to its violation, termination or nullity will be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Center of the Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance with these rules. The arbitration will be held in Vienna, Austria, and the official language of the proceedings will be English. The decision of the arbitrators will be final and binding upon both parties. Therefore, pursuant to paragraph 598 (2) of the Austrian Code of Civil Procedure, the parties expressly waive the application of paragraph 595 (1) figure 7 of the Code. IBM may, however, institute proceedings in a competent court in the country of installation. In Estonia, Latvia and Lithuania all disputes arising in connection with this Statement of Limited Warranty will be finally settled in arbitration that will be held in Helsinki, Finland in accordance with the arbitration laws of Finland then in effect. Each party will appoint one arbitrator. The arbitrators will then jointly appoint the chairman. If arbitrators cannot agree on the chairman, then the Central Chamber of Commerce in Helsinki will appoint the chairman. EUROPEAN UNION (EU) THE FOLLOWING TERMS APPLY TO ALL EU COUNTRIES: The warranty for Machines acquired in EU countries is valid and applicable in all EU countries provided the Machines have been announced and made available in such countries. DENMARK, FINLAND, GREECE, ITALY, NETHERLANDS, NORWAY, PORTUGAL, SPAIN, SWEDEN AND SWITZERLAND Limitation of Liability: The following replaces the terms of this section in its entirety: Except as otherwise provided by mandatory law: 1. IBM's liability for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this Statement of Limited Warranty or due to any other cause related to this Statement of Limited Warranty is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (if IBM is at fault) or of such cause, for a maximum amount equal to the charges you paid for the Machine. For purposes of this item, the term "Machine" includes Machine Code and Licensed Internal Code ("LIC"). The above limitation shall not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which IBM is legally liable. 2. UNDER NO CIRCUMSTANCES IS IBM, OR ITS SUPPLIERS, SUBCONTRACTORS, OR RESELLERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. Appendix C. IBM Statement of Limited Warranty Z125-4753-09 08/2006 33

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In
Albania,
Armenia,
Azerbaijan,
Belarus,
Bosnia-Herzegovina,
Bulgaria,
Croatia,
Georgia,
Hungary,
Kazakhstan,
Kyrgyzstan,
Libya,
FYR
Macedonia,
Moldova,
Montenegro,
Poland,
Romania,
Russia,
Serbia,
Slovakia,
Slovenia,
Tajikistan,
Turkmenistan,
Ukraine,
and
Uzbekistan
all
disputes
arising
out
of
this
Statement
of
Limited
Warranty
or
related
to
its
violation,
termination
or
nullity
will
be
finally
settled
under
the
Rules
of
Arbitration
and
Conciliation
of
the
International
Arbitral
Center
of
the
Federal
Economic
Chamber
in
Vienna
(Vienna
Rules)
by
three
arbitrators
appointed
in
accordance
with
these
rules.
The
arbitration
will
be
held
in
Vienna,
Austria,
and
the
official
language
of
the
proceedings
will
be
English.
The
decision
of
the
arbitrators
will
be
final
and
binding
upon
both
parties.
Therefore,
pursuant
to
paragraph
598
(2)
of
the
Austrian
Code
of
Civil
Procedure,
the
parties
expressly
waive
the
application
of
paragraph
595
(1)
figure
7
of
the
Code.
IBM
may,
however,
institute
proceedings
in
a
competent
court
in
the
country
of
installation.
In
Estonia,
Latvia
and
Lithuania
all
disputes
arising
in
connection
with
this
Statement
of
Limited
Warranty
will
be
finally
settled
in
arbitration
that
will
be
held
in
Helsinki,
Finland
in
accordance
with
the
arbitration
laws
of
Finland
then
in
effect.
Each
party
will
appoint
one
arbitrator.
The
arbitrators
will
then
jointly
appoint
the
chairman.
If
arbitrators
cannot
agree
on
the
chairman,
then
the
Central
Chamber
of
Commerce
in
Helsinki
will
appoint
the
chairman.
EUROPEAN
UNION
(EU)
THE
FOLLOWING
TERMS
APPLY
TO
ALL
EU
COUNTRIES:
The
warranty
for
Machines
acquired
in
EU
countries
is
valid
and
applicable
in
all
EU
countries
provided
the
Machines
have
been
announced
and
made
available
in
such
countries.
DENMARK,
FINLAND,
GREECE,
ITALY,
NETHERLANDS,
NORWAY,
PORTUGAL,
SPAIN,
SWEDEN
AND
SWITZERLAND
Limitation
of
Liability:
The
following
replaces
the
terms
of
this
section
in
its
entirety:
Except
as
otherwise
provided
by
mandatory
law:
1.
IBM’s
liability
for
any
damages
and
losses
that
may
arise
as
a
consequence
of
the
fulfillment
of
its
obligations
under
or
in
connection
with
this
Statement
of
Limited
Warranty
or
due
to
any
other
cause
related
to
this
Statement
of
Limited
Warranty
is
limited
to
the
compensation
of
only
those
damages
and
losses
proved
and
actually
arising
as
an
immediate
and
direct
consequence
of
the
non-fulfillment
of
such
obligations
(if
IBM
is
at
fault)
or
of
such
cause,
for
a
maximum
amount
equal
to
the
charges
you
paid
for
the
Machine.
For
purposes
of
this
item,
the
term
“Machine”
includes
Machine
Code
and
Licensed
Internal
Code
(“LIC”).
The
above
limitation
shall
not
apply
to
damages
for
bodily
injuries
(including
death)
and
damages
to
real
property
and
tangible
personal
property
for
which
IBM
is
legally
liable.
2.
UNDER
NO
CIRCUMSTANCES
IS
IBM,
OR
ITS
SUPPLIERS,
SUBCONTRACTORS,
OR
RESELLERS
LIABLE
FOR
ANY
OF
THE
FOLLOWING,
EVEN
IF
INFORMED
OF
THEIR
POSSIBILITY:
1)
LOSS
OF,
OR
DAMAGE
TO,
DATA;
2)
INCIDENTAL
OR
INDIRECT
DAMAGES,
OR
FOR
ANY
ECONOMIC
CONSEQUENTIAL
DAMAGES;
3)
LOST
PROFITS,
EVEN
IF
THEY
ARISE
AS
AN
IMMEDIATE
CONSEQUENCE
OF
THE
EVENT
THAT
GENERATED
THE
DAMAGES;
OR
4)
LOSS
OF
BUSINESS,
REVENUE,
GOODWILL,
OR
ANTICIPATED
SAVINGS.
Appendix
C.
IBM
Statement
of
Limited
Warranty
Z125-4753-09
08/2006
33