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The following paragraphs are added to this section:
The minimum warranty period for Machines is twelve months. In case IBM or your reseller
is unable to repair an IBM Machine, you can alternatively ask for a partial refund as
far as justified by the reduced value of the unrepaired Machine or ask for a cancellation
of the respective agreement for such Machine and get your money refunded.
The second paragraph does not apply.
What IBM Will Do to Correct Problems: The following is added to this section:
During the warranty period, transportation for delivery of the failing Machine to IBM
will be at IBM’s expense.
Limitation of Liability:
The following paragraph is added to this section:
The limitations and exclusions specified in the Statement of Limited Warranty will not
apply to damages caused by IBM with fraud or gross negligence and for express warranty.
The following sentence is added to the end of item 2:
IBM’s liability under this item is limited to the violation of essential contractual terms
in cases of ordinary negligence.
HUNGARY
Limitation of Liability:
The following is added at the end of this section:
The limitation and exclusion specified herein shall not apply to liability for a breach of
contract damaging life, physical well-being, or health that has been caused intentionally,
by gross negligence, or by a criminal act. The parties accept the limitations of liability
as valid provisions and state that the Section 314.(2) of the Hungarian Civil Code applies
as the acquisition price as well as other advantages arising out of the present Statement
of Limited Warranty balance this limitation of liability.
IRELAND
What this Warranty Covers:
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 the terms of section in its entirety:
For the purposes of this section, a
″
Default
″
means any act, statement, omission, or
negligence on the part of IBM in connection with, or in relation 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 occurring on
the date of occurrence of the last such 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 death or personal injury caused by the negligence
of IBM
2. Subject always to the Items for Which IBM is Not Liable below, IBM will accept
unlimited liability for physical damage to your tangible property resulting from the
negligence of IBM.
3. Except as provided in items 1 and 2 above, IBM’s entire liability for actual damages
for any one Default will not in any event exceed the greater of 1) EUR 125,000, or
2) 125% of the amount you paid for the Machine directly relating to the Default.
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C. IBM Statement of Limited Warranty Z125-4753-08 04/2004
C-13