130 Warranty statementsany rights you may have under the Trade Practices Act1974 or other legislation and are only limited to theextent permitted by the applicable legislation.Extent of warranty. The following replaces the first andsecond sentences of this Section:The warranty does not cover the repair or exchange of aMachine resulting from misuse, accident, modification,unsuitable physical or operating environment, operationin other than the Specified Operating Environment,improper maintenance by you, or failure caused by aproduct for which IBM is not responsible.Limitation of liability. The following is added to thisSection:Where IBM is in breach of a condition or warrantyimplied by the Trade Practices Act 1974, IBM’s liability islimited to the repair or replacement of the goods or thesupply of equivalent goods. Where that condition orwarranty relates to right to sell, quiet possession orclear title, or the goods are of a kind ordinarily acquiredfor personal, domestic or household use orconsumption, then none of the limitations in thisparagraph apply.PEOPLE’S REPUBLIC OF CHINA: Governing Law. Thefollowing is added to this Statement:The laws of the State of New York govern thisStatement.INDIA: Limitation of liability. The following replaces items1 and 2 of this Section:1 liability for bodily injury (including death) or damage toreal property and tangible personal property will belimited to that caused by IBM’s negligence;2 as to any other actual damage arising in any situationinvolving nonperformance by IBM pursuant to, or inany way related to the subject of this Statement of