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.
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 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.
2. UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS OR RESELLERS
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.
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:
E-12 IBM E400 PROJECTOR: User’s Guide
