IBM Netfinity ServeRAID-4H Ultra160 User Reference page 177

Limitation of Liability: The following replaces items one and two 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; and 2. the amount of any other
actual direct damages, up to the greater of Irish Pounds 75,000 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.
Applicability of suppliers and resellers (unchanged).
The following paragraph is added at 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.
ITALY: Limitation of Liability: The following replaces the second sentence in the
first paragraph: In each such instance unless otherwise provided by mandatory law,
IBM is liable for no more than: (item 1 unchanged) 2)as to any other actual damage
arising in all situations involving non-performance by IBM pursuant to, or in any way
related to the subject matter of this Statement of Warranty, IBM's liability, will be
limited to the total amount you paid for the Machine that is the subject of the claim.
Applicability of suppliers and resellers (unchanged).
The following replaces the second paragraph of this Section: Unless otherwise
provided by mandatory law, IBM and your reseller are not liable for any of the
following: (items 1 and 2 unchanged) 3) indirect damages, even if IBM or your
reseller is informed of their possibility.
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.
TURKIYE: Production Status: The following replaces this Section: 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.
NORTH AMERICA
163
Appendix. Product warranties and notices