IBM 09N4076 Death, Your Real, Solely, By IBMs, Direct, 125, Rise, This Section IBMs, Tort Respect

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,

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

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

fulfils

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.

NORTH

AMERICA

CANADA:

Warranty

Service:

The

following

is added

to this

Section:

To

obtain warranty

service

from

IBM,

call

1-800-565-3344

.

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