IBM P09N4108 Gross, For express Warranty, This Item is, Terms, All Statutory, Services Act, Real

The

limitations

and

exclusions

specified

in

the

Statement of

Warranty

will

not

apply

to

damages

caused

by

IBM

with

fraud

or

gross

negligence

and for express

warranty.

In

item

2,

replace

“U.S.

$100,000”

with

“1.000.000

DEM.”

The

following

sentence

is

added

to

the

end

of

the

first

paragraph

of

item

2:

IBM's

liability

under

this

item is

limited

to

the

violation

of

essential

contractual

terms

in

cases of

ordinary

negligence.

IRELAND:

Extent

of

Warranty:

The

following

is

added

to

this

Section:

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

by the Sale of Goods

Act

1893

or

the

Sale

of

Goods

and

Supply

of Services

Act 1980

are

hereby

excluded.

Limitation

of

Liability:

The

following

replaces

items

one

and

two

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;

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:

2-10 USB Portable CD-ROM Drive