IBM JS20 - BladeCenter - 8842 Installation And User Manual page 116

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.
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 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.
1. IBM will accept unlimited liability for:
2. IBM will accept unlimited liability, subject always to the Items for Which IBM is
3. IBM's entire liability for actual damages for any one Default will not in any event,
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 1 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:
1. loss of, or damage to, data;
2. special, indirect, or consequential loss; or
3. loss of profits, business, revenue, goodwill, or anticipated savings.
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BladeCenter JS20 Type 8842: Installation and User's Guide
a. death or personal injury caused by the negligence of IBM; and
b. 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.
Not Liable below, for physical damage to your tangible property resulting from
the negligence of IBM.
except as provided in items 1 and 2 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.