IBM eServer 350 xSeries Installation Manual

Also see for eserver xSeries 350: User reference guide

Appendix A. Warranties and notices 37Limitation of Liability: The following is added to this Section:Where IBM is in breach of a condition or warranty implied by the Trade Practices Act1974, IBM’s liability is limited to the repair or replacement of the goods or the supplyof equivalent goods. Where that condition or warranty relates to right to sell, quietpossession 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 thisparagraph apply.PEOPLE’S REPUBLIC OF CHINA: Governing Law: The following is added to thisStatement: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 andtangible personal property will be limited to that caused by IBM’s negligence;2. as to any other actual damage arising in any situation involving nonperformanceby IBM pursuant to, or in any way related to the subject of this Statement ofWarranty, IBM’s liability will be limited to the charge paid by you for theindividual Machine that is the subject of the claim.NEW ZEALAND: The IBM Warranty for Machines: The following paragraph isadded to this Section:The warranties specified in this Section are in addition to any rights you may haveunder the Consumer Guarantees Act 1993 or other legislation which cannot beexcluded or limited. The Consumer Guarantees Act 1993 will not apply in respect ofany goods which IBM provides, if you require the goods for the purposes of abusiness 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 theConsumer Guarantees Act 1993, the limitations in this Section are subject to thelimitations 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 IBMreseller. If you purchased this Machine from IBM, the terms and conditions of theapplicable IBM agreement prevail over this warranty statement.Warranty ServiceIf 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, youmay 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,Kazakhstan, Kirghizia, Federal Republic of Yugoslavia, Former Yugoslav Republic ofMacedonia (FYROM), Moldova, Poland, Romania, Russia, Slovak Republic, Slovenia,or Ukraine, you may obtain warranty service for that Machine in any of thosecountries from either (1) an IBM reseller approved to perform warranty service or (2)from IBM.The applicable laws, Country-unique terms and competent court for this Statementare those of the country in which the warranty service is being provided. However,