IBM ServeRAID-4 Ultra160 Series, User Reference

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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.
Extent of Warranty: The second paragraph does not apply.
Warranty Service: 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.
EGYPT
Limitation of Liability: The following replaces item 2 in this Section: as to any
other actual direct damages, IBM’s liability will be limited to the total amount you
paid for the Machine that is the subject of the claim. For purposes of this item, the
term “Machine” includes Machine Code and Licensed Internal Code.
Applicability of suppliers and resellers (unchanged).
FRANCE
Limitation of Liability: The following replaces the second sentence of the first
paragraph of this Section:In such instances, regardless of the basis on which you
are entitled to claim damages from IBM, IBM is liable for no more than: (items 1
and 2 unchanged).
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 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 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 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.
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IBM
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User’s Reference: ServeRAID
™
-4 Ultra160 SCSI Controller