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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:
IBM’s entire liability to you for actual damages arising in all situations
involving nonperformance by IBM in respect of the subject matter of this
Statement of Warranty will be limited to the charge paid by you for the
individual Machine that is the subject of your claim from IBM.
Appendix B. IBM Statement of Limited Warranty Z125-4753-08 04/2004 49