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IBM fulfills customer orders for IBM Machines as newly manufactured in accordance
with IBM's production standards.
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 the greater of
Pounds Sterling 150,000 or 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 will be limited to damages.
106
ESS Introduction and Planning
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