IBM eserver xSeries 330 - Manual (Page 59)

Appendix A. Product warranties and notices 47
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.
The terms of this Statement of Warranty apply to Machines purchased from an IBM
reseller. If you purchased this Machine from IBM, the terms and conditions of the
applicable IBM agreement prevail over this warranty statement.
Warranty Service
If you purchased an IBM Machine in Austria, Belgium, Denmark, Estonia, Finland,
France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg,
Netherlands, Norway, Portugal, Spain, Sweden, Switzerland or United Kingdom, you
may obtain warranty service for that Machine in any of those countries from either (1)
an IBM reseller approved to perform warranty service or (2) from IBM.
If you purchased an IBM Personal Computer Machine in Albania, Armenia, Belarus,
Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Georgia, Hungary,