IBM Aptiva 2198, Reference Manual

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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 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 CLAIMS AGAINST YOU FOR
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, 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 - Worldwide Country-Unique Terms
ASIA PACIFIC
AUSTRALIA: The IBM Warranty for Machines: The following paragraph is added to
this Section:
The warranties specified in this Section are in addition to any rights you may have
under the Trade Practices Act 1974 or other legislation and are only limited to the
extent permitted by the applicable legislation.
Extent of Warranty: The following replaces the first and second sentences of this
Section:
The warranty does not cover the repair or exchange of a Machine resulting from
misuse, accident, modification, unsuitable physical or operating environment, operation
in other than the Specified Operating Environment, improper maintenance by you, or
failure caused by a product for which IBM is not responsible.
Limitation of Liability: The following is added to this Section:
Where IBM is in breach of a condition or warranty implied by the Trade Practices Act
1974, IBM's liability is limited to the repair or replacement of the goods or the supply
of equivalent goods. Where that condition or warranty relates to right to sell, quiet
possession or clear title, or the goods are of a kind ordinarily acquired for personal,
Appendix C. Product warranties and notices
143