Limitation of Liability:
The following replaces item 2 in this Section:
as to any other
actual direct damages, IBM’s liability will be limited to the total amount you paid
for the Machine that is the subject of the claim. For purposes of this item, the term
“Machine” includes Machine Code and Licensed Internal Code.
Applicability of suppliers and resellers (unchanged).
FRANCE
Limitation of Liability:
The following replaces the second sentence of the first paragraph
of this Section:
In such instances, regardless of the basis on which you are entitled to
claim damages from IBM, IBM is liable for no more than:
(items 1 and 2 unchanged)
.
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 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: 1.
(unchanged)
2. as to any other actual damage arising
in all situations involving nonperformance 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 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.
B-8
3600 Fibre Channel Card: Quick Start Guide