7
1.
damages for bodily injury (including death) and damage to real property and tangible
personal property; and
2.
the amount of any other actual direct damages, up to the greater of U.S. $100,000 (or
equivalent in local currency) or the charges (if recurring, 12 months' charges apply) for the
Machine that is the subject of the claim.
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:
1. liability for bodily injury (including death) or damage to real property and tangible personal
property will be limited to that caused by IBM's negligence;
2. as to any other actual damage arising in any situation involving nonperformance by IBM
pursuant to, or in any way related to the subject of this Statement of Warranty, IBM's liability
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