IBM xSeries 382 User Manual

PROFITS, BUSINESS REVENUE, GOODWILL OR ANTICIPATED SAVINGS.SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION ORLIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THEABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOME STATESOR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG ANIMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLYTO YOU.Governing LawBoth you and IBM consent to the application of the laws of the country in which youacquired the Machine to govern, interpret, and enforce all of your and IBM’s rights,duties, and obligations arising from, or relating in any manner to, the subject matterof this Statement of Limited Warranty, without regard to conflict of law principles.THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAYALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE ORJURISDICTION TO JURISDICTION.JurisdictionAll of our rights, duties, and obligations are subject to the courts of the country inwhich you acquired the Machine.Part 2 - Country-unique TermsAMERICASARGENTINAGoverning Law: The following is added after the first sentence:Any litigation arising from this Statement of Limited Warranty will be settledexclusively by the Ordinary Commercial Court of the city of Buenos Aires.BRAZILGoverning Law: The following is added after the first sentence:Any litigation arising from this Statement of Limited Warranty will be settledexclusively by the court of Rio de Janeiro, RJ.PERULimitation of Liability: The following is added at the end of this section:In accordance with Article 1328 of the Peruvian Civil Code the limitations andexclusions specified in this section will not apply to damages caused by IBM’s willfulmisconduct (“dolo”) or gross negligence (“culpa inexcusable”).NORTH AMERICAHow to Obtain Warranty Service: The following is added to this Section:To obtain warranty service from IBM in Canada or the United States, call1-800-IBM-SERV (426-7378).CANADA20 IBM eServer xSeries 382 Type 8834: User’s Guide