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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.
48 Installation and User’s Guide for HS20/HS40 and JS20 Fibre Channel expansion cards