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;
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.
Machine - IBM UPS750TLV, UPS750THV, UPS1000TLV, UPS1000THV, UPS1500TLV and UPS1500THV Tower Uninterruptible Power Supplies
Country or Region of | Warranty Period | Type of Warranty Service* | |
| Purchase |
|
|
Worldwide |
| Parts - 3 years, labor - 3 | 4 |
|
| years |
|
* See “Types of Warranty Service” for the legend and explanations of
A warranty period of 3 years on parts and 1 year on labor means that IBM provides warranty service without charge for:
1.parts and labor during the first year of the warranty period; and
2.parts only, on an exchange basis, in the second and third years of the warranty period. IBM will charge you for any labor provided in performance of the repair or replacement(s) in the second and third year of the 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
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