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Appendix F. Product warranties and notices 255
Extent of Warranty: The second paragraph does not apply.
Warranty Service: The following is added to this Section:
During the warranty period, transportation for delivery of the failing Machine to
IBM will be at IBM's expense.
Limitation of Liability: The following paragraph is added to this Section:
The limitations and exclusions specified in the Statement of Limited Warranty
will not apply to damages caused by IBM with fraud or gross negligence and for
express warranty.
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.
EGYPT
Limitation of Liability: The following replaces item 2 in this Section:
as to any other actual direct damages, IBM's liability will be limited to the total
amount you paid for the Machine that is the subject of the claim. For purposes of
this item, the term “Machine” includes Machine Code and Licensed Internal
Code.
Applicability of suppliers and resellers (unchanged).
FRANCE
Limitation of Liability: The following replaces the second sentence of the first
paragraph of this Section:
In such instances, regardless of the basis on which you are entitled to claim
damages from IBM, IBM is liable for no more than: (items 1 and 2 unchanged).
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; and
2. the amount of any other actual direct damages, up to 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.
ISDNmst.fm Page 255 Wednesday, January 15, 2003 9:22 AM