IBM 1 U Installation Manual page 43

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 "b":
IBM's liability under this item is limited to the violation of essential contractual terms
in cases of ordinary negligence.
IRELAND
What this Warranty Covers:
The following is added to this section:
Except as expressly provided in these terms and conditions or Section 12 of the
Sale of Goods Act 1893 as amended by the Sale of Goods and Supply of Services
Act, 1980 ("the 1980 Act"), all conditions or warranties (express or implied, statutory
or otherwise) are hereby excluded including, without limitation, any warranties
implied by the Sale of Goods Act 1893 as amended by the 1980 Act (including, for
the avoidance of doubt, section 39 of the 1980 Act).
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 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.
a. IBM will accept unlimited liability for death or personal injury caused by the
negligence of IBM.
b. Subject always to the Items for Which IBM is Not Liable below, IBM will accept
unlimited liability for physical damages to your tangible property resulting from the
negligence of IBM.
c. Except as provided in items "a" and "b" 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 "a" 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:
Appendix A. IBM Statement of Limited Warranty Z125-4753-10 08/2008
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