IBM Netfinity FASt T500, User Reference

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62 IBM Netfinity FAStT500 RAID Controller Enclosure Unit User’s Reference
The following sentence is added to the end of the first paragraph of item 2:
IBM’s liability under this item is limited to the violation of essential contractual terms in cases of ordinary negligence.
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 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 the greater of Irish Pounds 75,000 or 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: (item 1 unchanged)
2) as to any other actual damage arising in all situations involving non-performance 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 second 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.
TURKIYE: Production Status: The following replaces this Section:
IBM fulfils customer orders for IBM Machines as newly manufactured in accordance with IBM’s production standards.
UNITED KINGDOM: Limitation of Liability: The following replaces items 1 and 2 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;
2. the amount of any other actual direct damages or loss, up to the greater of Pounds Sterling 150,000 or 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.
The following item is added to this paragraph:
3. breach of IBM’s obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods
and Services Act 1982.
Applicability of suppliers and resellers (unchanged).
The following is added to the end of this Section: