IBM @server xSeries 343, Product Manual

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128 IBM Statement of Limited Warranty
to, the subject matter of this Statement of Limited Warranty in respect of
which IBM is legally liable to you, whether in contract or tort. A number of
Defaults which together result in, or contribute to, substantially the same loss
or damage will be treated as one Default.
Circumstances may arise where, because of a Default, you are entitled to
recover damages from IBM.
This section sets out the extent of IBM's liability and your sole remedy.
1. IBM will accept unlimited liability for:
a. death or personal injury caused by the negligence of IBM; and
b. any breach of its obligations implied by Section 12 of the Sale of
Goods Act 1979 or Section 2 of the Supply of Goods and Services
Act 1982, or any statutory modification or re-enactment of either
such Section.
2. IBM will accept unlimited liability, subject always to the Items for
Which IBM is Not Liable below, for physical damage to your tangible
property resulting from the negligence of IBM.
3. IBM's entire liability for actual damages for any one Default will not in
any event, except as provided in items 1 and 2 above, exceed the greater
of 1) Pounds Sterling 75,000, or 2) 125% of the total purchase price
payable or the charges for the Machine directly relating to the Default.
These limits also apply to IBM's suppliers and resellers. They state the
maximum for which IBM and such suppliers and resellers are collectively
responsible.
Items for Which IBM is Not Liable
Save with respect to any liability referred to in item 1 above, under no
circumstances is IBM or any of its suppliers or resellers liable for any of the
following, even if IBM or they were informed of the possibility of such losses:
loss of, or damage to, data;
1. special, indirect, or consequential loss; or
2. loss of profits, business, revenue, goodwill, or anticipated savings.