54
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.
HUNGARY
Limitation of Liability: The following is added at the end of this section:
The limitation and exclusion specified herein shall not apply to liability for a breach of contract
damaging life, physical well-being, or health that has been caused intentionally, by gross negligence, or
by a criminal act.
The parties accept the limitations of liability as valid provisions and state that the Section 314.(2) of the
Hungarian Civil Code applies as the acquisition price as well as other advantages arising out of the
present Statement of Limited Warranty balance this limitation of liability.
IRELAND
What this Warranty Covers: 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 the terms of this section in its entirety:
For the purposes of this section, a “Default” means any act, statement, omission, or negligence on the
part of IBM in connection with, or in relation to, the subject matter of this Statement of Limited
Warranty in respect of which IBM is legally liable to you, whether in contract or tort. A number of
Defaults which together result in, or contribute to, substantially the same loss or damage will be treated
as one Default occurring on the date of occurrence of the last such Default.
Circumstances may arise where, because of a Default, you are entitled to recover damages from IBM.
This section sets out the extent of IBM's liability and your sole remedy.
1.
IBM will accept unlimited liability for death or personal injury caused by the negligence of IBM.
2.
Subject always to the
Items for Which IBM is Not Liable
below, IBM will accept unlimited
liability for physical damage to your tangible property resulting from the negligence of IBM.
3.
Except as provided in items 1 and 2 above, IBM's entire liability for actual damages for any one
Default will not in any event exceed the greater of 1) EUR 125,000, or 2) 125% of the amount you
paid for the Machine directly relating to the Default.
Items for Which IBM is Not Liable
Save with respect to any liability referred to in item 1 above, under no circumstances is IBM, its
suppliers or resellers liable for any of the following, even if IBM or they were informed of the possibility
of such losses:
1.
loss of, or damage to, data;
2.
special, indirect, or consequential loss; or
3.
loss of profits, business, revenue, goodwill, or anticipated savings.
SLOVAKIA
Limitation of Liability: The following is added to the end of the last paragraph:
The limitations apply to the extent they are not prohibited under §§ 373-386 of the Slovak Commercial
Code.
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 the terms of this section in its entirety:
