IBM eServer 350 xSeries Installation Manual

Also see for eserver xSeries 350: User reference guide

38 IBM xSeries 350: Installation Guidethe laws of Austria govern this Statement if the warranty service is provided inAlbania, Armenia, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, CzechRepublic, Federal Republic of Yugoslavia, Georgia, Hungary, Kazakhstan, Kirghizia,Former Yugoslav Republic of Macedonia (FYROM), Moldova, Poland, Romania,Russia, Slovak Republic, Slovenia, and Ukraine.The following terms apply to the country specified:EGYPT: Limitation of Liability: The following replaces item 2 in this Section:2. as to any other actual direct damages, IBM’s liability will be limited to the totalamount you paid for the Machine that is the subject of the claim.Applicability of suppliers and resellers (unchanged).FRANCE: Limitation of Liability: The following replaces the second sentence of thefirst paragraph of this Section:In such instances, regardless of the basis on which you are entitled to claim damagesfrom IBM, IBM is liable for no more than: (items 1 and 2 unchanged).GERMANY: The IBM Warranty for Machines: The following replaces the firstsentence of the first paragraph of this Section:The warranty for an IBM Machine covers the functionality of the Machine for itsnormal use 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 reseller are unable to repair an IBM Machine, you canalternatively ask for a partial refund as far as justified by the reduced value of theunrepaired Machine or ask for a cancellation of the respective agreement for suchMachine 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.Production Status: The following paragraph replaces this Section:Each Machine is newly manufactured. It may incorporate in addition to new parts, re-used parts as well.Limitation of Liability: The following is added to this Section:The limitations and exclusions specified in the Statement of Warranty will not applyto damages caused by IBM with fraud or gross negligence and for express warranty.In item 2, replace "U.S. $100,000" with "1.000.000 DEM."The following sentence is added to the end of the first paragraph of item 2:IBM’s liability under this item is limited to the violation of essential contractual termsin cases of ordinary negligence.IRELAND: Extent of Warranty: The following is added to this Section:Except as expressly provided in these terms and conditions, all statutory conditions,including all warranties implied, but without prejudice to the generality of theforegoing all warranties implied by the Sale of Goods Act 1893 or the Sale of Goodsand Supply of Services Act 1980 are hereby excluded.Limitation of Liability: The following replaces items one and two of the firstparagraph of this Section:1. death or personal injury or physical damage to your real property solely caused byIBM’s negligence; and 2. the amount of any other actual direct damages, up to the