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The limitations and exclusions specified in the Statement of Warranty will not apply to damages
caused by IBM with fraud or gross negligence and for express warranty.
In item 2, replace “U.S. $100,000” with “1.000.000 DEM.”
The following sentence is added to the end of the first paragraph of item 2:
IBM's liability under this item is limited to the violation of essential contractual terms in cases of
ordinary negligence.
IRELAND: Extent of Warranty: 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 items one and two of the first paragraph of this
Section:
1. death or personal injury or physical damage to your real property solely caused by IBM's
negligence; and 2. the amount of any other actual direct damages, up to the greater of Irish
Pounds 75,000 or 125 percent of the charges (if recurring, the 12 months' charges apply) for the
Machine that is the subject of the claim or which otherwise gives rise to the claim.
Applicability of suppliers and resellers (unchanged).
The following paragraph is added at the end of this Section:
IBM's entire liability and your sole remedy, whether in contract or in tort, in respect of any
default shall be limited to damages.
ITALY: Limitation of Liability: The following replaces the second sentence in the first
paragraph:
In each such instance unless otherwise provided by mandatory law, IBM is liable for no more
than: (item 1 unchanged) 2)as to any other actual damage arising in all situations involving
non-performance by IBM pursuant to, or in any way related to the subject matter of this
Statement of Warranty, IBM's liability, will be limited to the total amount you paid for the
Machine that is the subject of the claim.
Applicability of suppliers and resellers (unchanged).
The following replaces the second paragraph of this Section:
Unless otherwise provided by mandatory law, IBM and your reseller are not liable for any of the
following: (items 1 and 2 unchanged) 3) indirect damages, even if IBM or your reseller is
informed of their possibility.
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.
TURKIYE: Production Status: The following replaces this Section:
IBM fulfils customer orders for IBM Machines as newly manufactured in accordance with IBM's
production standards.
UNITED KINGDOM: Limitation of Liability: The following replaces items 1 and 2 of the
first paragraph of this Section:
2-10 USB Portable CD-ROM Drive