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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.
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
60 Nortel 10 Gigabit Uplink Ethernet Switch Module: Installation Guide