NOT | ALLOW | THE EXCLUSION OF IMPLIED WARRANTIES. IF | ||||
THESE | LAWS | APPLY, THEN | ALL | EXPRESS AND IMPLIED WAR- | ||
RANTIES ARE LIMITED | IN | DURATION | TO | THE WARRANTY | ||
PERIOD. | NO WARRANTIES | APPLY AFTER | THAT | PERIOD. |
In Canada, warranties include both warranties and conditions.
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation of Liability
Circumstances may arise where, because of a default on IBM's part
(including | fundamental breach) or | other liability | (including | negligence | ||
and misrepresentation), you are entitled | to | recover damages from | ||||
IBM. In each such instance, regardless | of | the | basis on | which you | ||
entitled | to claim damages, IBM | is liable | only for: |
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1.bodily injury (including death), and damage to real property an tangible personal property; and
2. the | amount of any | other | actual loss or | damage, up to the grea |
of $100,000 or the | charge | for the Machine | that is the subject | |
the | claim. |
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Under no circumstances is IBM liable for any of the following:
1.
2. loss of, or damage to, your records or data; or
3. economic consequential damages (including lost profits or
savings) or incidental damages, even if IBM is informed of their possibility.
Some jurisdictions do not allow the exclusion or limitation of inci- dental or consequential damages, so the above limitation or exclu- sion may not apply to you.
This warranty gives you specific legal rights and you may also hav other rights which vary from jurisdiction to jurisdiction.