IBM IC35L040AVER07 Reference Manual - Page 65

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The following item is added to this paragraph: 3. breach of IBM's obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982. Applicability of suppliers and resellers (unchanged). The following is added to the end of this Section: IBM's entire liability and your sole remedy, whether in contract or in tort, in respect of any default will be limited to damages. 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 the Extent of Warranty 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, and then none of the limitations in this paragraph apply. 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 that 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. 61

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61
The following item is added to this paragraph:
3.
breach of IBM's obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods
and Services Act 1982.
Applicability of suppliers and resellers (unchanged).
The following is added to the end of this Section:
IBM's entire liability and your sole remedy, whether in contract or in tort, in respect of any default will be limited to
damages.
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 the Extent of Warranty 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, and then none of the limitations in this paragraph apply.
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 that 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.