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Circumstances may arise where, because of a default on IBM’spartorother
liability, you are entitled to recover damages from IBM. In each such instance,
regardless of the basis on which you are entitled to claim damages from IBM
(including fundamental breach, negligence, misrepresentation, or other contract
or tort claim), IBM is liable for no more than
1. damages for bodily injury (including death) and damage to real property
and tangible personal property; and
2. the amount of any other actual direct damages, up to the greater of U.S.
$100,000 (or equivalent in local currency) or the charges (if recurring, 12
months’ charges apply) for the Machine that is the subject of the claim.
This limit also applies to IBM’s suppliers and your reseller. It is the
maximum for which IBM, its suppliers, and your reseller are collectively
responsible.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE
FOLLOWING: 1) THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES
(OTHER THAN THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2)
LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA; OR 3) SPECIAL,
INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC
CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR
SAVINGS), EVEN IF IBM, ITS SUPPLIERS OR YOUR RESELLER IS
INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT
ALLOW THE ExCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
ExCLUSION MAY NOT APPLY TO YOU.
Part2-Worldwide Country-Unique Terms
ASIA PACIFIC
AUSTRALIA: The IBM Warranty for Machines: The following paragraph is
added to this Section: The warranties specified in this Section are in addition to
any rights you may have under the Trade Practices Act 1974 or other
legislation and are only limited to the extent permitted by the applicable
legislation.
Extent of Warranty: The following replaces the first and second sentences of
this Section: The warranty does not cover the repair or exchange of a Machine
resulting from misuse, accident, modification, unsuitable physical or operating
environment, operation in other than the Specified Operating Environment,
improper maintenance by you, or failure caused by a product for which IBM is
not responsible.
Limitation of Liability: The following is added to this Section: Where IBM is
in breach of a condition or warranty implied by the Trade Practices Act 1974,
IBM’s liability is limited to the repair or replacement of the goods or the
E-8 12x8x32 Internal IDE CD-RW Drive: User’s Guide