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Part 2 - Country-unique Terms
GERMANY
What this Warranty Covers: The following replaces the first sentence of the first paragraph of this
section:
The warranty for an IBM Machine covers the functionality of the Machine for its normal use and the
Machine's conformity to its Specifications.
The following paragraphs are added to this section:
The minimum warranty period for Machines is twelve months. In case IBM or your reseller is unable to
repair an IBM Machine, you can alternatively ask for a partial refund as far as justified by the reduced
value of the unrepaired Machine or ask for a cancellation of the respective agreement for such Machine
and get your money refunded.
The second paragraph does not apply.
What IBM Will Do to Correct Problems: The following is added to this section:
During the warranty period, transportation for delivery of the failing Machine to IBM will 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 not apply to damages
caused by IBM with fraud or gross negligence and for express warranty.
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 in cases of
ordinary negligence.
HUNGARY
Limitation of Liability: The following is added at the end of this section:
The limitation and exclusion specified herein shall not apply to liability for a breach of contract
damaging life, physical well-being, or health that has been caused intentionally, by gross negligence, or
by a criminal act.
The parties accept the limitations of liability as valid provisions and state that the Section 314.(2) of the
Hungarian Civil Code applies as the acquisition price as well as other advantages arising out of the
present Statement of Limited Warranty balance this limitation of liability.
IRELAND
What this Warranty Covers: 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 the foregoing all warranties implied by the
Sale of Goods Act 1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded.
Limitation of Liability: The following replaces the terms of this section in its entirety:
For the purposes of this section, a "Default" means any act, statement, omission, or negligence on the
part of IBM in connection with, or in relation to, the subject matter of this Statement of Limited Warranty
in respect of which IBM is legally liable to you, whether in contract or tort. A number of Defaults which
together result in, or contribute to, substantially the same loss or damage will be treated as one Default
occurring on the date of occurrence of the last such Default.
Circumstances may arise where, because of a Default, you are entitled to recover damages from IBM.
Cisco 4x InfiniBand Switch Module for IBM BladeCenter User Guide
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IBM Statement of Limited Warranty Z125-4753-08 04/2004
78-17838-01
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