IBM 7331, Installation Manual, Page: 53 / 62

Limitation of Liability
Circumstances may arise where, because of a default on IBM’s part or other liability
you are entitled to recover damages from IBM. In each such instance, regardless of
the basis on which you are entitled to claim damages from IBM (including
fundamental breach, negligence, misrepresentation, or other contract or tort claim),
IBM is liable only for:
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 or loss, up to the greater of
U.S. $100,000 or the charges (if recurring, 12 months’ charges apply) for the
Machine that is the subject of the claim.
1) THIRD-PARTY CLAIMS AGAINST YOU FOR LOSSES OR DAMAGES
(OTHER THAN THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2)
LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA; OR 3)
SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY
ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS
OR SAVINGS), EVEN IF IBM 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 EXCLUSION OR LIMITATION MAY NOT
APPLY TO YOU.
International Business Machines Corporation
Armonk, New York 10504, U.S.A.
Appendix B. Statement of Limited Warranty
35