In case IBM or your reseller are unable to repair an IBM Machine, you can alternatively ask for a partial
refund as far as justified by the reduced value of the unrepaired Machine or ask for a cancellation of the
respective agreement for such Machine and get your money refunded.
Extent of Warranty:
The second paragraph does not apply.
Warranty Service:
The following is added to this Section:
During the warranty period, transportation for delivery of the failing Machine to IBM will be at IBM's
expense.
Production Status:
The following paragraph replaces this Section:
Each Machine is newly manufactured. It may incorporate in addition to new parts, re-used parts as well.
Limitation of Liability:
The following is added to this Section:
The limitations and exclusions specified in the Statement of Warranty will not apply to damages caused
by IBM with fraud or gross negligence and for express warranty.
In item 2, replace “U.S. $100,000” with “1.000.000 DEM.”
The following sentence is added to the end of the first paragraph of item 2:
IBM's liability under this item is limited to the violation of essential contractual terms in cases of ordinary
negligence.
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 the greater of Irish Pounds 75,000 or 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: (item
1 unchanged) 2)as to any other actual damage arising in all situations involving non-performance 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 second 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.
TURKIYE:
Production Status:
The following replaces this Section:
IBM fulfils customer orders for IBM Machines as newly manufactured in accordance with IBM's
production standards.
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 the greater of Pounds Sterling 150,000
or 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.
Appendix A. Product warranties and notices
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