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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:
C. IBM Statement of Limited Warranty - Z125-4753-07 - 11/2002 39