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.
Appendix D. Warranty information
45
Summary of Contents for 59P5712
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