The following replaces the third 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.
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 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 shall be limited to damages. This publication was developed for products and services offered in the U.SA.
Notices
IBM may not offer the products, services, or features discussed in this document in other countries. Consult your local IBM representative for information on the products and services currently available in your area. Any reference to an IBM product, program, or service is not intended to state or imply that only that IBM product, program, or service may be used. Any functionally equivalent product, program, or service that does not infringe any IBM intellectual property right may be used instead. However, it is the user’s responsibility to evaluate and verify the operation of any
Part 2. Appendixes
