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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.
EGYPT
Limitation of Liability: The following replaces item 2 in this Section: as to any
other actual direct damages, IBM's liability will be limited to the total amount you
paid for the Machine that is the subject of the claim. For purposes of this item, the
term "Machine" includes Machine Code and Licensed Internal Code.
Applicability of suppliers and resellers (unchanged).
FRANCE
Limitation of Liability: The following replaces the second sentence of the first
paragraph of this Section:In such instances, regardless of the basis on which you
are entitled to claim damages from IBM, IBM is liable for no more than: (items 1
and 2 unchanged).
IRELAND
Extent of Warranty: 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 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 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: 1. (unchanged) 2. as to any other actual damage arising
in all situations involving nonperformance 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 third 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.
59
Appendix B. Warranty information
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