IBM 6862 User Guide - Page 189

Part 2 - Worldwide Country-Unique Terms, LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES

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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. Part 2 - Worldwide Country-Unique Terms 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 legislation and are only limited to the extent permitted by the applicable legislation. Extent of Warranty: The following replaces the first and second sentences of this Section: The warranty does not cover the repair or exchange of a Machine resulting from misuse, accident, modification, unsuitable physical or operating environment, operation in other than the Specified Operating Environment, improper maintenance by you, or failure caused by a product for which IBM is not responsible. 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, 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. PEOPLE'S REPUBLIC OF CHINA: Governing Law: The following is added to this Statement: The laws of the State of New York govern this Statement. INDIA: Limitation of Liability: The following replaces items 1 and 2 of this Section: 1. liability for bodily injury (including death) or damage to real property and tangible personal property will be limited to that caused by IBM's negligence; 2. as to any other actual damage arising in any situation involving nonperformance by IBM pursuant to, or in any way related to the subject of this Statement of Warranty, IBM's liability will be limited to the charge paid by you for the individual Machine that is the subject of the claim. NEW ZEALAND: 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 Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods which IBM provides, if you require the goods for the purposes of a business as defined in that Act. Limitation of Liability: The following is added to this Section: Where Machines are not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act. EUROPE, MIDDLE EAST, AFRICA (EMEA) The following terms apply to all EMEA countries. Appendix D. Product warranties and notices 171

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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.
Part 2 - Worldwide Country-Unique Terms
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 legislation and are only limited to the extent permitted by the applicable
legislation.
Extent of Warranty:
The following replaces the first and second sentences of this Section:
The warranty does not cover the repair or exchange of a Machine resulting from misuse, accident,
modification, unsuitable physical or operating environment, operation in other than the Specified
Operating Environment, improper maintenance by you, or failure caused by a product for which IBM is
not responsible.
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, 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.
PEOPLE'S REPUBLIC OF CHINA:
Governing Law:
The following is added to this Statement:
The laws of the State of New York govern this Statement.
INDIA:
Limitation of Liability:
The following replaces items 1 and 2 of this Section:
1. liability for bodily injury (including death) or damage to real property and tangible personal property
will be limited to that caused by IBM's negligence;
2. as to any other actual damage arising in any situation involving nonperformance by IBM pursuant to,
or in any way related to the subject of this Statement of Warranty, IBM's liability will be limited to the
charge paid by you for the individual Machine that is the subject of the claim.
NEW ZEALAND:
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 Consumer
Guarantees Act 1993 or other legislation which cannot be excluded or limited.
The Consumer Guarantees
Act 1993 will not apply in respect of any goods which IBM provides, if you require the goods for the
purposes of a business as defined in that Act.
Limitation of Liability:
The following is added to this Section:
Where Machines are not acquired for the purposes of a business as defined in the Consumer Guarantees
Act 1993, the limitations in this Section are subject to the limitations in that Act.
EUROPE, MIDDLE EAST, AFRICA (EMEA)
The following terms apply to all EMEA countries.
Appendix D.
Product warranties and notices
171