This limit also applies to IBM’s suppliers and your reseller. It is the maximum
for which IBM, its suppliers, and your reseller are collectively responsible.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE
FOLLOWING: 1) THIRD-PARTY CLAIMS AGAINST YOU FOR
DAMAGES (OTHER THAN THOSE UNDER THE FIRST ITEM LISTED
ABOVE); 2) LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA; OR
3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY
ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST
PROFITS OR SAVINGS), EVEN IF IBM, ITS SUPPLIERS OR YOUR
RESELLER IS INFORMED OF THEIR POSSIBILITY. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Part 2 - Worldwide Country-Unique Terms
ASIA PACIFIC
AUSTRALIA: The IBM Warranty for Machines:
The following paragraph is
added to this Section: The warranties specified in this Section are in addition
to any rights you may have under the Trade Practices Act 1974 or other
legislation and are only limited to the extent permitted by the applicable
legislation.
Extent of Warranty:
The following replaces the first and second sentences of
this Section: The warranty does not cover the repair or exchange of a Machine
resulting from misuse, accident, modification, unsuitable physical or operating
environment, operation in other than the Specified Operating Environment,
improper maintenance by you, or failure caused by a product for which IBM
is not responsible.
Limitation of Liability:
The following is added to this Section: Where IBM is
in breach of a condition or warranty implied by the Trade Practices Act 1974,
IBM’s liability is limited to the repair or replacement of the goods or the
supply of equivalent goods. Where that condition or warranty relates to right
to sell, quiet possession or clear title, or the goods are of a kind ordinarily
acquired for personal, domestic or household use or consumption, then none
of the limitations in this paragraph apply.
PEOPLE’S REPUBLIC OF CHINA: Governing Law:
The following is added
to this Statement: The laws of the State of New York govern this Statement.
INDIA: Limitation of Liability:
The following replaces items 1 and 2 of this
Section:
38
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