IBM eServer 130 xSeries User Reference Manual

Also see for eServer 130 xSeries: Configuration and options guide

Contents

Appendix B. Product warranty and notices 129Slovakia, Slovenia, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan, the laws ofAustria apply; 2) Estonia, Latvia, and Lithuania, the laws of Finland apply; 3) Algeria,Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Congo,Djibouti, Democratic Republic of Congo, Equatorial Guinea, France, Gabon, Gambia,Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Mali, Mauritania, Morocco, Niger,Senegal, Togo, and Tunisia, this Agreement will be construed and the legal relationsbetween the parties will be determined in accordance with the French laws and alldisputes arising out of this Agreement or related to its violation or execution, includingsummary proceedings, will be settled exclusively by the Commercial Court of Paris; 4)Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya,Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar,Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, UnitedArab Emirates, United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe,this Agreement will be governed by English Law and disputes relating to it will besubmitted to the exclusive jurisdiction of the English courts; and 5) in Greece, Israel,Italy, Portugal, and Spain any legal claim arising out of this Statement will be broughtbefore, and finally settled by, the competent court of Athens, Tel Aviv, Milan, Lisbon,and Madrid, respectively.THE FOLLOWING TERMS APPLY TO THE COUNTRY SPECIFIED:AUSTRIA AND GERMANYThe IBM Warranty for Machines: The following replaces the first sentence of the firstparagraph of this Section:The warranty for an IBM Machine covers the functionality of the Machine for its normaluse and the Machine’s conformity to its Specifications.The following paragraphs are added to this Section:The minimum warranty period for Machines is six months. In case IBM or your reselleris unable to repair an IBM Machine, you can alternatively ask for a partial refund as faras justified by the reduced value of the unrepaired Machine or ask for a cancellation ofthe respective agreement for such Machine and get your money refunded.Extent of Warranty: The second paragraph does not apply.Warranty Service: The following is added to this Section:During the warranty period, transportation for delivery of the failing Machine to IBMwill be at IBM’s expense.Limitation of Liability: The following paragraph is added to this Section:The limitations and exclusions specified in the Statement of Limited Warranty will notapply to damages caused by IBM with fraud or gross negligence and for expresswarranty.The following sentence is added to the end of item 2:IBM’s liability under this item is limited to the violation of essential contractual terms incases of ordinary negligence.EGYPTLimitation of Liability: The following replaces item 2 in this Section:as to any other actual direct damages, IBM's liability will be limited to the total amountyou paid for the Machine that is the subject of the claim. For purposes of this item, theterm "Machine" includes Machine Code and Licensed Internal Code.Applicability of suppliers and resellers (unchanged).