Notices - IBM eServer 200 xSeries User Reference Manual

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
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 shall be limited to damages.

Notices

This publication was developed for products and services offered in the U.S.A.
IBM may not offer the products, services, or features discussed in this document in
other countries. Consult your local IBM representative for information on the products
and services currently available in your area. Any reference to an IBM product,
program, or service is not intended to state or imply that only that IBM product,
program, or service may be used. Any functionally equivalent product, program, or
service that does not infringe any IBM intellectual property right may be used instead.
However, it is the user's responsibility to evaluate and verify the operation of any non-
IBM product, program, or service.
IBM may have patents or pending patent applications covering subject matter
described in this document. The furnishing of this document does not give you any
license to these patents. You can send license inquiries, in writing, to:
INTERNATIONAL BUSINESS MACHINES CORPORATION PROVIDES THIS
PUBLICATION "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Some states do not allow disclaimer of express or implied warranties in
certain transactions, therefore, this statement may not apply to you.
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;
IBM Director of Licensing
IBM Corporation
North Castle Drive
Armonk, NY 10504-1785
U.S.A.
Appendix A. Product warranty and notices
103