IBM 802.11a/b/g Wireless CardBus Adapter User Manual page 50

money refunded.
The second paragraph does not apply.
What IBM Will Do to Correct Problems: The following is added to this section:
During the warranty period, transportation for delivery of the failing Machine to
IBM will be at IBM's expense.
Limitation of Liability: The following paragraph is added to this section:
The limitations and exclusions specified in the Statement of Limited Warranty will
not apply to damages caused by IBM with fraud or gross negligence and for
express warranty.
The following sentence is added to the end of item 2:
IBM's liability under this item is limited to the violation of essential contractual
terms in cases of ordinary negligence.
HUNGARY
Limitation of Liability: The following is added at the end of this section:
The limitation and exclusion specified herein shall not apply to liability for a
breach of contract damaging life, physical well-being, or health that has been
caused intentionally, by gross negligence, or by a criminal act.
The parties accept the limitations of liability as valid provisions and state that the
Section 314.(2) of the Hungarian Civil Code applies as the acquisition price as well
as other advantages arising out of the present Statement of Limited Warranty
balance this limitation of liability.
IRELAND
What this Warranty Covers: 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 the terms of section in its entirety:
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 occurring on the date of occurrence of the last such 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.
1. will accept unlimited liability for death or personal injury caused by the
2. Subject always to the Items for Which IBM is Not Liable below, IBM will
3. Except as provided in items 1 and 2 above, IBM's entire liability for actual
Items for Which IBM is Not Liable
Save with respect to any liability referred to in item 1 above, under no
circumstances is IBM, its suppliers or resellers liable for any of the following, even
if IBM or they were informed of the possibility of such losses:
1. loss of, or damage to, data;
2. special, indirect, or consequential loss; or
42
802.11a/b/g Wireless CardBus Adapter: User's Guide
negligence of IBM.
accept unlimited liability for physical damage to your tangible property
resulting from the negligence of IBM.
damages for any one Default will not in any event exceed the greater of 1) EUR
125,000, or 2) 125% of the amount you paid for the Machine directly relating to
the Default.