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Governing Law: The following is added after the first sentence:
Any litigation arising from this Statement of Limited Warranty will be settled exclusively
by the court of Rio de Janeiro, RJ.
Peru
Limitation of Liability: The following is added at the end of this section:
In accordance with Article 1328 of the Peruvian Civil Code the limitations and exclusions
specified in this section will not apply to damages caused by IBM’s willful misconduct
(″dolo″) or gross negligence (″culpa inexcusable″).
NORTH AMERICA
How to Obtain Warranty Service: The following is added to this Section:
To obtain warranty service from IBM in Canada or the United States, call 1-800-IBM-SERV
(426-7378).
CANADA
Limitation of Liability: The following replaces item 1 of this section:
1. damages for bodily injury (including death) or physical harm to real property and tangible
personal property caused by IBM’s negligence; and
Governing Law: The following replaces
y
laws of the country in which you acquired
the Machine
z
in the first sentence:
laws in the Province of Ontario.
UNITED STATES
Governing Law: The following replaces
y
laws of the country in which you acquired
the Machine
z
in the first sentence:
laws of the State of New York.
ASIA PACIFIC
AUSTRALIA
What this Warranty Covers: 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 similar legislation and are only limited to the extent
permitted by the applicable legislation.
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 or other similar legislation, 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.
² E. IBM Statement of Limited Warranty - Z125-4753-07 - 11/2002 E-5