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Warranty
D-13
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 para-
graph 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 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 arising in all
situations involving nonperformance by IBM pursuant to, or in any way related to the
subject matter of this Statement of Warranty, IBM's liability, will be limited to the total
amount you paid for the Machine that is the subject of the claim.
Applicability of suppliers and resellers (unchanged).
The following replaces the second paragraph of this Section:
Unless otherwise provided by mandatory law, IBM and your reseller are not liable for
any of the following: (items 1 and 2 unchanged) 3) indirect damages, even if IBM or
your reseller is informed of their possibility.