Italy, United Kingdom | IBM 10K3791 manual

IBM’s entire liability and your sole remedy, whether in contract or in tort, in respect of any default shall be limited to damage s.

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 non-performance by IBM pursuant to, or in any way related to th e 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, 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 subj ect 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, 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;

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.

For information on Class B notices, refer to the online User's Guide.

10K3791

Printed in the U.S.A.

Note to U.S. Government Users – Documentation related to restricted rights

– Use, duplication or disclosure is subject to restrictions set forth in GSA ADP Schedule Contract with IBM Corp.

HelpCenter and IBM are trademarks of the IBM corporation in the United States, other countries, or both.

*10K3791*