IBM eserver xSeries 330 - Manual (Page 61)

Appendix A. Product warranties and notices 49
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 the
greater of Irish Pounds 75,000 or 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: (item 1 unchanged) 2)as to any other actual damage arising in all
situations involving non-performance 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 second 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, LESOTHOAND 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.
TURKIYE: Production Status: The following replaces this Section:
IBM fulfills customer orders for IBM Machines as newly manufactured in accordance
with IBM’s production standards.
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 the
greater of Pounds Sterling 150,000 or 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.
The following item is added to this paragraph:
3. breach of IBM’s obligations implied by Section 12 of the Sale of Goods Act 1979 or
Section 2 of the Supply of Goods and Services Act 1982.
Applicability of suppliers and resellers (unchanged).
The following is added to the end of this Section:
IBM’s entire liability and your sole remedy, whether in contract or in tort, in respect of
any default will be limited to damages.