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2. Subject always to the Items for Which IBM is Not Liable below, IBM will
accept unlimited liability for physical damage to your tangible property
resulting from the negligence of IBM.
3. Except as provided in items 1 and 2 above, IBM's entire liability for actual
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.
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
3. loss of profits, business, revenue, goodwill, or anticipated savings.
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.
SWITZERLAND
Your Additional Responsibilities: The following sentence is added to this section:
Personal Data also includes information about you as a legal entity.
TURKEY
What this Warranty Covers: The following is added to this section:
The minimum warranty period for Machines is 2 years.
UNITED KINGDOM
Limitation of Liability: The following replaces the terms of this 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
Appendix B. IBM Statement of Limited Warranty Z125-4753-09 08/2006
49
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