IBM C400 Projector User Manual
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URUGUAY Jurisdiction: The following is added after the first sentence: Any litigation arising from this Statement of Limited Warranty will be settled exclusively by the City of Montevideo Court’s Jurisdiction. VENEZUELA Jurisdiction: The following is added after the first sentence: Any litigation arising from this Statement of Limited Warranty will be settled exclusively by the Courts of the Metropolitan Area Of the City of Caracas. 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 laws of the country in which you acquired the Machine in the first sentence: laws in the Province of Ontario. UNITED STATES Governing Law: The following replaces laws of the country in which you acquired the Machine 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. Governing Law: The following replaces laws of the country in which you acquired the Machine in the first sentence: laws of the State or Territory. CAMBODIA AND LAOS Governing Law: The following replaces laws of the country in which you acquired the Machine in the first sentence: laws of the State of New York, United States of America. CAMBODIA, INDONESIA, AND LAOS Arbitration: The following is added under this heading: Disputes arising out of or in connection with this Statement of Limited Warranty Appendix E. IBM Statement of Limited Warranty Z125-4753-08 04/2004 E-5
shall be finally settled by arbitration which shall be held in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Center (″SIAC Rules″) then in effect. The arbitration award shall be final and binding for the parties without appeal and shall be in writing and set forth the findings of fact and the conclusions of law. The number of arbitrators shall be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties shall appoint a third arbitrator who shall act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the president of the SIAC. Other vacancies shall be filled by the respective nominating party. Proceedings shall continue from the stage they were at when the vacancy occurred. If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator was validly and properly appointed. All proceedings shall be conducted, including all documents presented in such proceedings, in the English language. The English language version of this Statement of Limited Warranty prevails over any other language version. HONG KONG S.A.R. OF CHINA AND MACAU S.A.R. OF CHINA Governing Law: The following replaces laws of the country in which you acquired the Machine in the first sentence: laws of Hong Kong Special Administrative Region of China. INDIA Limitation of Liability: The following replaces items 1 and 2 of this Section: 1. liability for bodily injury (including death) or damage to real property and tangible personal property will be limited to that caused by IBM’s negligence; and 2. as to any other actual damage arising in any situation involving nonperformance by IBM pursuant to, or in any way related to the subject of this Statement of Limited Warranty, the charge paid by you for the individual Machine that is the subject of the claim. For purposes of this item, the term Machine includes Machine Code and Licensed Internal Code (LIC). Arbitration: The following is added under this heading Disputes arising out of or in connection with this Statement of Limited Warranty shall be finally settled by arbitration which shall be held in Bangalore, India in accordance with the laws of India then in effect. The arbitration award shall be final and binding for the parties without appeal and shall be in writing and set forth the findings of fact and the conclusions of law. The number of arbitrators shall be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties shall appoint a third arbitrator who shall act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the president of the Bar Council of India. Other vacancies shall be filled by the respective nominating party. Proceedings shall continue from the stage they were at when the vacancy occurred. If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator was validly and properly appointed. All proceedings shall be conducted, including all documents presented in such proceedings, in the English language. The English language version of this Statement of Limited Warranty prevails over any other language version. JAPAN Governing Law: The following sentence is added to this Section: E-6 IBM C400 PROJECTOR: User ’s Guide
Any doubts concerning this Statement of Limited Warranty will be initially resolved between us in good faith and in accordance with the principle of mutual trust. MALAYSIA Limitation of Liability: The word ″SPECIAL″ in item 3 of the fifth paragraph is deleted. NEW ZEALAND 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 Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods which IBM provides, if you require the goods for the purposes of a business as defined in that Act. Limitation of Liability: The following is added to this Section: Where Machines are not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act. PEOPLE’S REPUBLIC OF CHINA (PRC) Governing Law: The following replaces ″laws of the country in which you acquired the Machine″ in the first sentence: laws of the State of New York, United States of America (except when local law requires otherwise). PHILIPPINES Limitation of Liability: Item 3 in the fifth paragraph is replaced by the following: SPECIAL (INCLUDING NOMINAL AND EXEMPLARY DAMAGES), MORAL, INCIDENTAL, OR INDIRECT DAMAGES FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR Arbitration: The following is added: under this heading Disputes arising out of or in connection with this Statement of Limited Warranty shall be finally settled by arbitration which shall be held in Metro Manila, Philippines in accordance with the laws of the Philippines then in effect. The arbitration award shall be final and binding for the parties without appeal and shall be in writing and set forth the findings of fact and the conclusions of law. The number of arbitrators shall be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties shall appoint a third arbitrator who shall act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the president of the Philippine Dispute Resolution Center, Inc.. Other vacancies shall be filled by the respective nominating party. Proceedings shall continue from the stage they were at when the vacancy occurred. If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator was validly and properly appointed. All proceedings shall be conducted, including all documents presented in such proceedings, in the English language. The English language version of this Statement of Limited Warranty prevails over any other language version. SINGAPORE Limitation of Liability: The words ″SPECIAL″ and ″ECONOMIC″ in item 3 in the fifth paragraph are deleted. EUROPE, MIDDLE EAST, AFRICA (EMEA) Appendix E. IBM Statement of Limited Warranty Z125-4753-08 04/2004 E-7
THE FOLLOWING TERMS APPLY TO ALL EMEA COUNTRIES: The terms of this Statement of Limited Warranty apply to Machines purchased from IBM or an IBM reseller. How to Obtain Warranty Service: Add the following paragraph in Western Europe (Andorra, Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, San Marino, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, Vatican State, and any country subsequently added to the European Union, as from the date of accession): The warranty for Machines acquired in Western Europe shall be valid and applicable in all Western Europe countries provided the Machines have been announced and made available in such countries. If you purchase a Machine in one of the Western European countries, as defined above, you may obtain warranty service for that Machine in any of those countries from either (1) an IBM reseller approved to perform warranty service or (2) from IBM, provided the Machine has been announced and made available by IBM in the country in which you wish to obtain service. If you purchased a Personal Computer Machine in Albania, Armenia, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Federal Republic of Yugoslavia, Former Yugoslav Republic of Macedonia (FYROM), Moldova, Poland, Romania, Russia, Slovak Republic, Slovenia, or Ukraine, you may obtain warranty service for that Machine in any of those countries from either (1) an IBM reseller approved to perform warranty service or (2) from IBM. If you purchase a Machine in a Middle Eastern or African country, you may obtain warranty service for that Machine from the IBM entity within the country of purchase, if that IBM entity provides warranty service in that country, or from an IBM reseller, approved by IBM to perform warranty service on that Machine in that country. Warranty service in Africa is available within 50 kilometers of an IBM approved service provider. Yo u are responsible for transportation costs for Machines located outside 50 kilometers of an IBM approved service provider. Governing Law: The phrase the laws of the country in which you acquired the Machine is replaced by: 1) ″the laws of Austria″ in Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldova, Poland, Romania, Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia; 2) ″the laws of France″ in Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna; 3) ″the laws of Finland″ in Estonia, Latvia, and Lithuania; 4) ″the laws of England″ in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe; and 5) ″the laws of South Africa″ in South Africa, Namibia, Lesotho and Swaziland. Jurisdiction: The following exceptions are added to this section: 1) In Austria the choice of jurisdiction for all disputes arising out of this Statement of Limited Warranty and relating thereto, including its existence, will be the E-8 IBM C400 PROJECTOR: User ’s Guide
competent court of law in Vienna, Austria (Inner-City); 2) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, West Bank/Gaza, Yemen, Zambia, and Zimbabwe all disputes arising out of this Statement of Limited Warranty or related to its execution, including summary proceedings, will be submitted to the exclusive jurisdiction of the English courts; 3) in Belgium and Luxembourg, all disputes arising out of this Statement of Limited Warranty or related to its interpretation or its execution, the law, and the courts of the capital city, of the country of your registered office and/or commercial site location only are competent; 4) in France, Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna all disputes arising out of this Statement of Limited Warranty or related to its violation or execution, including summary proceedings, will be settled exclusively by the Commercial Court of Paris; 5) in Russia, all disputes arising out of or in relation to the interpretation, the violation, the termination, the nullity of the execution of this Statement of Limited Warranty shall be settled by Arbitration Court of Moscow; 6) in South Africa, Namibia, Lesotho and Swaziland, both of us agree to submit all disputes relating to this Statement of Limited Warranty to the jurisdiction of the High Court in Johannesburg; 7) in Turkey all disputes arising out of or in connection with this Statement of Limited Warranty shall be resolved by the Istanbul Central (Sultanahmet) Courts and Execution Directorates of Istanbul, the Republic of Turkey; 8) in each of the following specified countries, any legal claim arising out of this Statement of Limited Warranty will be brought before, and settled exclusively by, the competent court of a) Athens for Greece, b) Te l Aviv-Jaffa for Israel, c) Milan for Italy, d) Lisbon for Portugal, and e) Madrid for Spain; and 9) in the United Kingdom, both of us agree to submit all disputes relating to this Statement of Limited Warranty to the jurisdiction of the English courts. Arbitration: The following is added under this heading: In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldova, Poland, Romania, Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia all disputes arising out of this Statement of Limited Warranty or related to its violation, termination or nullity will be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Center of the Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance with these rules. The arbitration will be held in Vienna, Austria, and the official language of the proceedings will be English. The decision of the arbitrators will be final and binding upon both parties. Therefore, pursuant to paragraph 598 (2) of the Austrian Code of Civil Procedure, the parties expressly waive the application of paragraph 595 (1) figure 7 of the Code. IBM may, however, institute proceedings in a competent court in the country of installation.In Estonia, Latvia and Lithuania all disputes arising in connection with this Statement of Limited Warranty will be finally settled in arbitration that will be held in Helsinki, Finland in accordance with the arbitration laws of Finland then in effect. Each party will appoint one arbitrator. The arbitrators will then jointly appoint the chairman. If arbitrators cannot agree on the chairman, then the Central Chamber of Commerce in Helsinki will appoint the chairman. Appendix E. IBM Statement of Limited Warranty Z125-4753-08 04/2004 E-9
EUROPEAN UNION (EU) THE FOLLOWING TERMS APPLY TO ALL EU COUNTRIES: The warranty for Machines acquired in EU countries is valid and applicable in all EU countries provided the Machines have been announced and made available in such countries. How to Obtain Warranty Service: The following is added to this section: To obtain warranty service from IBM in EU countries, see the telephone listing in Part 3 - Warranty Information. Yo u may contact IBM at the following address: IBM Warranty & Service Quality Dept. PO Box 30 Spango Valley Greenock Scotland PA16 0AH CONSUMERS Consumers have legal rights under applicable national legislation governing the sale of consumer goods. Such rights are not affected by the warranties provided in this Statement of Limited Warranty. AUSTRIA, DENMARK, FINLAND, GREECE, ITALY, NETHERLANDS, NORWAY, PORTUGAL, SPAIN, SWEDEN AND SWITZERLAND 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 or due to any other cause related to 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) or of such cause, for a maximum amount equal to the charges you paid for the Machine. 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, D ATA ; 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 E-10 IBM C400 PROJECTOR: User ’s Guide
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, D ATA ; 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 The provisions of this Statement of Limited Warranty replace any applicable statutory warranties. 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 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, IBM will reimburse you for the transportation charges for the delivery of the failing Machine to IBM. 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. EGYPT Limitation of Liability: The following replaces item 2 in this section: as to any other actual direct damages, IBM’s liability will be limited to the total amount you paid for the Machine that is the subject of the claim. For purposes of this item, the term ″Machine″ includes Machine Code and Licensed Internal Code (″LIC″). Applicability of suppliers and resellers (unchanged). FRANCE Limitation of Liability: The following replaces the second sentence of the first paragraph of this section: In such instances, regardless of the basis on which you are entitled to claim damages from IBM, IBM is liable for no more than: (items 1 and 2 unchanged). Appendix E. IBM Statement of Limited Warranty Z125-4753-08 04/2004 E-11
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 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. This section sets out the extent of IBM’s liability and your sole remedy. 1. IBM will accept unlimited liability for death or personal injury caused by the negligence of IBM 2. Subject always to the Items for Which IBM is Not Liable below, IBM will accept unlimited liability for physical damage to your tangible property resulting from the negligence of IBM. E-12 IBM C400 PROJECTOR: User ’s Guide
3. Except as provided in items 1 and 2 above, IBM’s entire liability for actual damages for any one Default will not in any event exceed the greater of 1) EUR 125,000, or 2) 125% of the amount you paid for the Machine directly relating to the Default. Items for Which IBM is Not Liable Save with respect to any liability referred to in item 1 above, under no circumstances is IBM, its suppliers or resellers liable for any of the following, even if IBM or they were informed of the possibility of such losses: 1. loss of, or damage to, data; 2. special, indirect, or consequential loss; or 3. loss of profits, business, revenue, goodwill, or anticipated savings. SLOVAKIA Limitation of Liability: The following is added to the end of the last paragraph: The limitations apply to the extent they are not prohibited under §§ 373-386 of the Slovak Commercial Code. SOUTH AFRICA, NAMIBIA, BOTSWANA, LESOTHO AND SWAZILAND Limitation of Liability: The following is added to this section: IBM’s entire liability to you for actual damages arising in all situations involving nonperformance by IBM in respect of the subject matter of this Statement of Warranty will be limited to the charge paid by you for the individual Machine that is the subject of your claim from IBM. UNITED KINGDOM Limitation of Liability: The following replaces the terms of this section is 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. Circumstances may arise where, because of a Default, you are entitled to recover damages from IBM. This section sets out the extent of IBM’s liability and your sole remedy. 1. IBM will accept unlimited liability for: a. death or personal injury caused by the negligence of IBM; and b. any breach of its obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982, or any statutory modification or re-enactment of either such Section. 2. IBM will accept unlimited liability, subject always to the Items for Which IBM is Not Liable below, for physical damage to your tangible property resulting from the negligence of IBM. 3. IBM’s entire liability for actual damages for any one Default will not in any event, except as provided in items 1 and 2 above, exceed the greater of 1) Pounds Sterling 75,000, or 2) 125% of the total purchase price payable or the charges for the Machine directly relating to the Default. These limits also apply to IBM’s suppliers and resellers. They state the maximum for which IBM and such suppliers and resellers are collectively responsible. Items for Which IBM is Not Liable Save with respect to any liability referred to in item 1 above, under no circumstances is IBM or any of its suppliers or resellers liable for any of the following, even if IBM or they were informed of the possibility of such losses: 1. loss of, or damage to, data; Appendix E. IBM Statement of Limited Warranty Z125-4753-08 04/2004 E-13
2. special, indirect, or consequential loss; or 3. loss of profits, business, revenue, goodwill, or anticipated savings. Part 3 - Warranty Information This Part 3 provides information regarding the warranty applicable to your Machine, including the warranty period and type of warranty service IBM provides. Warranty Period The warranty period may vary by country or region and is specified in the table below. NOTE: ″Region″ means either Hong Kong or Macau Special Administrative Region of China. C400 PROJECTOR Country or Region of Purchase Warranty Period Type of Warranty Service Worldwide 3 years 7 C400 PROJECTOR LAMP Country or Region of Purchase Warranty Period Type of Warranty Service Worldwide 3 months 7 A warranty period of 3 years on parts and 3 years on labor means that IBM provides warranty service without charge for parts and labor during the 3 year warranty period. A warranty period of 3 months on parts and 3 months on labor means that IBM provides warranty service without charge for parts and labor during the 3 month warranty period. Types of Warranty Service If required, IBM provides repair or exchange service depending on the type of warranty service specified for your Machine in the above table and as described below. Warranty service may be provided by your reseller if approved by IBM to perform warranty service. Scheduling of service will depend upon the time of your call and is subject to parts availability. Service levels are response time objectives and are not guaranteed. The specified level of warranty service may not be available in all worldwide locations, additional charges may apply outside IBM’s normal service area, contact your local IBM representative or your reseller for country and location specific information. 1. Customer Replaceable Unit (″CRU″) Service IBM provides replacement CRUs to you for you to install. CRU information and replacement instructions are shipped with your Machine and are available from IBM at any time on your request. Installation of Tier 1 CRUs is your responsibility. If IBM installs a Tier 1 CRU at your request, you will be charged for the installation. Yo u may install a Tier 2 CRU yourself or request IBM to install it, at no additional charge, under the type of warranty service designated for your Machine. IBM specifies in the materials shipped with a replacement E-14 IBM C400 PROJECTOR: User ’s Guide