IBM Aptiva Handbook page 163

Limitation of liability. Circumstances may arise where,
because of a default on IBM's part of the liability, you are
entitled to recover damages from IBM. In each such
instance, regardless of the basis on which you are entitled to
claim damages from IBM (including fundamental breach,
negligence, misrepresentation, or other contract or tort
claim), IBM is liable for no more than
damages for bodily injury (including death) and

damage to real property and tangible personal
property; and
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 CLAIM AGAINST
YOU FOR DAMAGES (OTHER THAN THOSE UNDER THE
FIRST ITEM LISTED ABOVE); 2) LOSS OF, OR DAMAGE
TO, YOUR RECORDS OR DATA; 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.
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ASIA PACIFIC
AUSTRALIA: The IBM warranty for Machines. The
following paragraph is addes to this Section:
The warranties specifies 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.
Warranty statements D-7