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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.
UNITED KINGDOM
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.
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:
a. death or personal injury caused by the negligence of IBM; and
b. any breach of its obligations implied by Section 12 of the Sale of Goods
Act 1979 or Section 2 of the Supply of Goods and Services Act 1982, or
any statutory modification or re-enactment of either such Section.
2.
IBM will accept unlimited liability, subject always to the Items for Which
IBM is Not Liable below, for physical damage to your tangible property
resulting from the negligence of IBM.
3. IBM’s entire liability for actual damages for any one Default will not in any
event, except as provided in items 1 and 2 above, exceed the greater of 1)
Pounds Sterling 75,000, or 2) 125% of the total purchase price payable or
the charges for the Machine directly relating to the Default.
Appendix A. IBM Statement of Limited Warranty Z125-4753-08 04/2004 61