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UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE
FOLLOWING: 1) THIRD-PARTY CLAIMS AGAINST YOU FOR
DAMAGES (OTHER THAN THOSE UNDER THE FIRST ITEM LISTED
ABOVE); 2) LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA; OR
3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY
ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST
PROFITS OR SAVINGS), EVEN IF IBM, ITS SUPPLIERS OR YOUR
RESELLER IS INFORMED OF THEIR POSSIBILITY. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Part 2 - Worldwide Country-Unique Terms
ASIA PACIFIC
AUSTRALIA: The IBM Warranty for Machines: The following paragraph is
added to this Section:
The warranties specified in this Section are in addition to any rights you may
have under the Trade Practices Act 1974 or other legislation and are only
limited to the extent permitted by the applicable legislation.
Extent of Warranty: The following replaces the first and second sentences of
this Section:
The warranty does not cover the repair or exchange of a Machine resulting
from misuse, accident, modification, unsuitable physical or operating
environment, operation in other than the Specified Operating Environment,
improper maintenance by you, or failure caused by a product for which IBM
is not responsible.
Limitation of Liability: The following is added to this Section:
Where IBM is in breach of a condition or warranty implied by the Trade
Practices Act 1974, IBM's liability is limited to the repair or replacement of the
goods or the supply of equivalent goods. Where that condition or warranty
relates to right to sell, quiet possession or clear title, or the goods are of a
kind ordinarily acquired for personal, domestic or household use or
consumption, then none of the limitations in this paragraph apply.
PEOPLE'S REPUBLIC OF CHINA: Governing Law: The following is added
to this Statement:
The laws of the State of New York govern this Statement.
INDIA: Limitation of Liability: The following replaces items 1 and 2 of this
Section:
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Apéndice F. Garantías y avisos del producto
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