the unrepaired Machine or ask for a cancellation of the respective agreement
for such Machine and get your money refunded.
Extent of Warranty: The second paragraph does not apply.
Warranty Service: The following is added to this Section:
During the warranty period, transportation for delivery of the failing Machine
to IBM will be at IBM’s expense.
Production Status: The following paragraph replaces this Section:
Each Machine is newly manufactured. It may incorporate in addition to new
parts, re-used parts as well.
Limitation of Liability: The following is added to this Section:
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.
Initem2,replace″U.S.$100,000″with "EUR 500,000."
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,uptothegreaterofEUR 500,000 or125percentofthecharges
(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.
AppendixB. Product warranties and notices B-11