IBM eServer xSeries 440 Installation Manual page 72

IRELAND
Extent of Warranty: 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 items one and two 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; and 2. the amount of any other
actual direct damages, 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.
Applicability of suppliers and resellers (unchanged).
The following paragraph is added at 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.
ITALY
Limitation of Liability: The following replaces the second sentence in the first
paragraph:In each such instance unless otherwise provided by mandatory law, IBM
is liable for no more than: 1. (unchanged) 2. as to any other actual damage arising
in all situations involving nonperformance by IBM pursuant to, or in any way related
to the subject matter of this Statement of Warranty, IBM's liability, will be limited to
the total amount you paid for the Machine that is the subject of the claim.
Applicability of suppliers and resellers (unchanged).
The following replaces the third paragraph of this Section: Unless otherwise
provided by mandatory law, IBM and your reseller are not liable for any of the
following: (items 1 and 2 unchanged) 3) indirect damages, even if IBM or your
reseller is informed of their possibility.
SOUTH AFRICA, NAMIBIA, BOTSWANA, LESOTHO AND SWAZILAND
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
2. the amount of any other actual direct damages or loss, up to 125 percent of the
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xSeries 440: Installation Guide
by IBM's negligence;
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;