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 “$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;
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
Appendix. Product warranty and notices
41
