IBM xSeries 235 User Manual
Page 53
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
items
one
and
two
of
the
first
paragraph
of
this
Section:
1.
death
or
personal
injury
or
physical
damage
to
your
real
property
solely
caused
by
IBM’s
negligence;
and
2.
the
amount
of
any
other
actual
direct
damages,
up
to
125
percent
of
the
charges
(if
recurring,
the
12
months’
charges
apply)
for
the
Machine
that
is
the
subject
of
the
claim
or
which
otherwise
gives
rise
to
the
claim.
Applicability
of
suppliers
and
resellers
(unchanged).
The
following
paragraph
is
added
at
the
end
of
this
Section:
IBM’s
entire
liability
and
your
sole
remedy,
whether
in
contract
or
in
tort,
in
respect
of
any
default
shall
be
limited
to
damages.
ITALY
Limitation
of
Liability:
The
following
replaces
the
second
sentence
in
the
first
paragraph:
In
each
such
instance
unless
otherwise
provided
by
mandatory
law,
IBM
is
liable
for
no
more
than:
1.
(unchanged)
2.
as
to
any
other
actual
damage
arising
in
all
situations
involving
nonperformance
by
IBM
pursuant
to,
or
in
any
way
related
to
the
subject
matter
of
this
Statement
of
Warranty,
IBM’s
liability,
will
be
limited
to
the
total
amount
you
paid
for
the
Machine
that
is
the
subject
of
the
claim.
Applicability
of
suppliers
and
resellers
(unchanged).
The
following
replaces
the
third
paragraph
of
this
Section:
Unless
otherwise
provided
by
mandatory
law,
IBM
and
your
reseller
are
not
liable
for
any
of
the
following:
(items
1
and
2
unchanged)
3)
indirect
damages,
even
if
IBM
or
your
reseller
is
informed
of
their
possibility.
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
items
1
and
2
of
the
first
paragraph
of
this
Section:
1.
death
or
personal
injury
or
physical
damage
to
your
real
property
solely
caused
by
IBM’s
negligence;
2.
the
amount
of
any
other
actual
direct
damages
or
loss,
up
to
125
percent
of
the
charges
(if
recurring,
the
12
months’
charges
apply)
for
the
Machine
that
is
the
subject
of
the
claim
or
which
otherwise
gives
rise
to
the
claim;
Appendix
B.
Warranty
information
41