Appendix A. Warranty information
27
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.
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 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 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 shall be limited to damages.
