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.
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 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:
IBM’s entire liability and your
sole remedy, whether in contract or in tort, in respect of any default shall be
limited to damages. This publication was developed for products and services
offered in the U.S.A.
IBM may not offer the products, services, or features discussed in this
document in other countries. Consult your local IBM representative for
information on the products and services currently available in your area. Any
reference to an IBM product, program, or service is not intended to state or
imply that only that IBM product, program, or service may be used. Any
functionally equivalent product, program, or service that does not infringe any
IBM intellectual property right may be used instead. However, it is the user’s
responsibility to evaluate and verify the operation of any non-IBM product,
program, or service.
IBM may have patents or pending patent applications covering subject matter
described in this document. The furnishing of this document does not give you
any license to these patents. You can send license inquiries, in writing, to:
IBM Director of Licensing
IBM Corporation
North Castle Drive
Armonk, NY 10504-1785
U.S.A.
Appendix D. Product warranty and notices
D-11
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