Filter
Top Products
Appendix E. Product warranties and notices E-7
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 FOL-
LOWING: 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, INCI-
DENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSE-
QUENTIAL 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.
Part 2 - 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 mainte-
nance 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
supply of equivalent goods. Where that condition or warranty relates to right to
sell, quiet possession or clear title, or the goods are of a kind ordinarily acquired
for personal, domestic or household use or consumption, then none of the limita-
tions in this paragraph apply.
PEOPLE’S REPUBLIC OF CHINA: Governing Law: The following is added to
this Statement:
The laws of the State of New York govern this Statement.
INDIA: Limitation of Liability: The following replaces items 1 and 2 of this Sec-
tion:
1. liability for bodily injury (including death) or damage to real property and
tangible personal property will be limited to that caused by IBM’s negligence;
2. as to any other actual damage arising in any situation involving nonperfor-
mance by IBM pursuant to, or in any way related to the subject of this State-