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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.
HUNGARY
Limitation of Liability: The following is added at the end of this section:
The limitation and exclusion specified herein shall not apply to liability for a breach
of contract damaging life, physical well-being, or health that has been caused
intentionally, by gross negligence, or by a criminal act.
The parties accept the limitations of liability as valid provisions and state that the
Section 314.(2) of the Hungarian Civil Code applies as the acquisition price as well
as other advantages arising out of the present Statement of Limited Warranty
balance this limitation of liability.
IRELAND
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.
Appendix B. IBM Statement of Limited Warranty Z125-4753-07 11/2002 73