Part 3 - Warranty Information - IBM BNT Installation Manual

Virtual fabric 10gb switch module for ibm bladecenter

Hide thumbs

Table Of Contents

Table of Contents

For the purposes of this section, a "Default" means any act, statement, omission, or

negligence on the part of IBM in connection with, or in relation to, the subject

matter of this Statement of Limited Warranty in respect of which IBM is legally

liable to you, whether in contract or tort. A number of Defaults which together

result in, or contribute to, substantially the same loss or damage will be treated as

one Default.

Circumstances may arise where, because of a Default, you are entitled to recover

damages from IBM.

This section sets out the extent of IBM's liability and your sole remedy.

IBM will accept unlimited liability for:

1. death or personal injury caused by the negligence of IBM; and

2. any breach of its obligations implied by Section 12 of the Sale of Goods Act

1979 or Section 2 of the Supply of Goods and Services Act 1982, or any

statutory modification or re-enactment of either such Section.

IBM will accept unlimited liability, subject always to the Items for Which IBM is

Not Liable below, for physical damage to your tangible property resulting from the

negligence of IBM.

IBM's entire liability for actual damages for any one Default will not in any event,

except as provided in items a and b above, exceed the greater of 1) Pounds

Sterling 75,000, or 2) 125% of the total purchase price payable or the charges for

the Machine directly relating to the Default.

These limits also apply to IBM's suppliers and resellers. They state the maximum

for which IBM and such suppliers and resellers are collectively responsible.

Items for Which IBM is Not Liable

Save with respect to any liability referred to in item a above, under no

circumstances is IBM or any of its suppliers or resellers liable for any of the

following, even if IBM or they were informed of the possibility of such losses:

loss of, or damage to, data;

special, indirect, or consequential loss;

loss of profits, business, revenue, goodwill, or anticipated savings; or

third party claims against you for damages.