IBM Nortel 10 User Manual

Page 70

Advertising
background image

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

this

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.

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

60

Nortel

10

Gigabit

Uplink

Ethernet

Switch

Module:

Installation

Guide

Advertising