IBM 2274, User Manual

Page: 133 / 152

Warranty statements
129
Warranties and Notices
fundamental breach, negligence, misrepresentation, or
other contract or tort claim), IBM is liable for no more
than
1 damages for bodily injury (including death) and
damage to real property and tangible personal
property; and
2 the amount of any other actual direct damages, up to
the greater of U.S. $100,000 (or equivalent in local
currency) or the charges (if recurring, 12 months’
charges apply) for the Machine that is the subject of
the claim.
This limit also applies to IBM’s suppliers and your
reseller. It is the maximum for which IBM, its
suppliers, and your reseller are collectively
responsible.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE
FOLLOWING: 1) THIRD-PARTY CLAIM AGAINST YOU FOR
DAMAGES (OTHER THAN THOSE UNDER THE FIRST ITEM
LISTED ABOVE); 2) LOSS OF, OR DAMAGE TO, YOUR RECORDS
OR DATA; 3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES
OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES
(INCLUDING LOST PROFITS OR SAVINGS), EVEN IF IBM, ITS
SUPPLIERS OR YOUR RESELLER IS INFORMED OF THEIR
POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
Part 2 - Country-Unique Terms
ASIA PACIFIC ASIA PACIFIC ASIA PACIFIC ASIA PACIFIC
AUSTRALIA: The IBM warranty for Machines. The following
paragraph is added to this Section:
The warranties specifies in this Section are in addition to