IBM E400 Guide D'utilisation page 66

FRANCE AND BELGIUM
Limitation of Liability: The following replaces the terms of this section in its entirety:
Except as otherwise provided by mandatory law:
1. IBM's liability for any damages and losses that may arise as a consequence of
2. UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS OR RESELLERS
THE FOLLOWING TERMS APPLY TO THE COUNTRY SPECIFIED:
AUSTRIA
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 12 months from the date of
delivery.. The limitation period for consumers in action for breach of warranty is
the statutory period as a minimum. 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.
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PROJECTEUR IBM E400 - Guide d'utilisation
the fulfillment of its obligations under or in connection with this Statement of
Limited Warranty is limited to the compensation of only those damages and
losses proved and actually arising as an immediate and direct consequence of
the non-fulfillment of such obligations (if IBM is at fault), for a maximum
amount equal to the charges you paid for the Machine that has caused the
damages. For purposes of this item, the term "Machine" includes Machine Code
and Licensed Internal Code ("LIC").
The above limitation shall not apply to damages for bodily injuries (including
death) and damages to real property and tangible personal property for which
IBM is legally liable.
LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR
POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR
INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL
DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE
CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES;
OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED
SAVINGS.