IBM eServer 370 xSeries Installation Manual Download

Page: 78 / 92

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.

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 will be
limited to damages.

NORTH AMERICA

CANADA:

Warranty Service:

The following is added to this Section:

To obtain warranty service from IBM, call

1-800-565-3344

. In Toronto, call

416-383-3344

UNITED STATES OF AMERICA: Warranty Service:

The following is added to this Section:

To obtain warranty service from IBM, call

1-800-772-2227

Notices

References in this publication to IBM products, programs, or services do not imply
that IBM intends to make these available in all countries in which IBM operates.
Any reference to an IBM product, program, or service is not intended to state or
imply that only that IBM product, program, or service may be used. Subject to
IBM’s valid intellectual property or other legally protectable rights, any functionally

xSeries 370 Installation Guide