In item | 2, | replace | “U.S. | $100,000” | with | “1.000.000 | DEM.” |
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The | following | sentence |
| is | added | to | the | end | of | the | first | paragraph | of | item | 2: |
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IBM's liability under |
| this item is limited | to | the | violation | of | essential | contractual | terms | in | cases of | ||||||||||||||
ordinary | negligence. |
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IRELAND: |
| Extent | of | Warranty: | The | following | is | added | to | this | Section: |
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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 |
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by | the | Sale | of | Goods | Act | 1893 | or | the | Sale | of | Goods | and | Supply | of | Services | Act 1980 | are hereby | ||||||||
excluded. |
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Limitation | of | Liability: |
| The | following | replaces | items | one | and | two | of | the | first | paragraph | of |
| this | ||||||||
Section: |
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1. death or personal injury | or | physical damage | to | your | real | property | solely |
| caused | by | IBM's |
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negligence; | and | 2. | the |
| amount | of | any | other | actual | direct | damages, | up | to | the | greater | of | Irish |
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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. |
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Applicability of suppliers and resellers (unchanged).
The | following | paragraph is | added | at | the |
| end | of | this | Section: |
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IBM's | entire | liability | and | your | sole | remedy, | whether | in | contract | or | in | tort, | in | respect | of any | ||||||||||
default | shall | be | limited | to | damages. |
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ITALY: | Limitation | of | Liability: |
| The |
| following | replaces | the | second |
| sentence | in | the | first |
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paragraph: |
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In | each | such | instance | unless | otherwise |
| provided | by | mandatory | law, | IBM | is | liable | for | no | more |
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than: | (item | 1 | unchanged) | 2)as | to | any | other | actual | damage | arising |
| in | all | situations involving | |||||||||||
by IBM pursuant to, or | in | any |
| way |
| related | to the | subject | matter | of | this |
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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. |
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Applicability of suppliers and resellers (unchanged).
The | following |
| replaces | the | second | paragraph | of | this | Section: |
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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 |
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informed |
| of | their |
| possibility. |
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SOUTH |
| AFRICA, | NAMIBIA, | BOTSWANA, | LESOTHO |
| AND | SWAZILAND: |
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| Limitation | of | |||||||||||||
Liability: | The | following | is | added | to |
| this | Section: |
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IBM's | entire | liability | to | you | for | actual | damages | arising | in | all | situations | involving | nonperformance |
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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. |
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TURKIYE: |
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| Production | Status: |
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| The |
| following | replaces | this | Section: |
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IBM | fulfils | customer | orders | for | IBM | Machines | as | newly | manufactured | in | accordance | with | IBM's |
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production | standards. |
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UNITED |
| KINGDOM: |
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| Limitation |
| of | Liability: |
| The | following | replaces | items | 1 | and | 2 | of | the | |||||||||||
first |
| paragraph | of | this | Section: |
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1. |
| death | or | personal | injury | or | physical | damage | to your | real | property | solely | caused | by | IBM's |
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negligence; |
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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 |
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Machine |
| that |
| is |
| the | subject | of | the |
| claim | or | which | otherwise | gives | rise | to | the | claim. |
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