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.
Appendix
C.
IBM
Statement
of
Limited
Warranty
Z125-4753-08
04/2004
C-13
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