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Part 2 - Worldwide Country-Unique Terms

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Production Status Each IBM Machine is manufactured from new parts, or new and used parts. In some cases, the Machine may not be new and may have been previously installed. Regardless of the Machine's production status, IBM's appropriate warranty terms apply. Limitation of Liability Circumstances may arise where, because of a default on IBM's part or other liability, you are entitled to recover damages from IBM. In each such instance, regardless of the basis on which you are entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM is liable for no more than 1. damages for bodily injury (including death) and damage to real property and tangible personal property; and 2. the amount of any other actual direct damages, up to the greater of U.S. $100,000 (or equivalent in local currency) or the charges (if recurring, 12 months' charges apply) for the Machine that is the subject of the claim. This limit also applies to IBM's suppliers and your reseller. It is the maximum for which IBM, its suppliers, and your reseller are collectively responsible. UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE FOLLOWING: 1) THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES (OTHER THAN THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2) LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA; OR 3) SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF IBM, ITS SUPPLIERS OR YOUR RESELLER IS INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Part 2 - Worldwide Country-Unique Terms ASIA PACIFIC AUSTRALIA: The IBM Warranty for Machines: The following paragraph is added to this Section: The warranties specified in this Section are in addition to any rights you may have under the Trade Practices Act 1974 or other legislation and are only limited to the extent permitted by the applicable legislation. Appendix. Product warranty and notices 31

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Production Status
Each IBM Machine is manufactured from new parts, or new and used parts. In
some cases, the Machine may not be new and may have been previously
installed. Regardless of the Machine
’
s production status, IBM
’
s appropriate
warranty terms apply.
Limitation of Liability
Circumstances may arise where, because of a default on IBM
’
s part or other
liability, you are entitled to recover damages from IBM. In each such instance,
regardless of the basis on which you are entitled to claim damages from IBM
(including fundamental breach, negligence, misrepresentation, or other contract
or tort claim), IBM is liable for no more than
1.
damages for bodily injury (including death) and damage to real property
and tangible personal property; and
2.
the amount of any other actual direct damages, up to the greater of U.S.
$100,000 (or equivalent in local currency) or the charges (if recurring, 12
months
’
charges apply) for the Machine that is the subject of the claim.
This limit also applies to IBM
’
s suppliers and your reseller. It is the
maximum for which IBM, its suppliers, and your reseller are collectively
responsible.
UNDER NO CIRCUMSTANCES IS IBM LIABLE FOR ANY OF THE
FOLLOWING: 1) THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES
(OTHER THAN THOSE UNDER THE FIRST ITEM LISTED ABOVE); 2)
LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA; OR 3) SPECIAL,
INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC
CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR
SAVINGS), EVEN IF IBM, ITS SUPPLIERS OR YOUR RESELLER IS
INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
Part 2 - Worldwide Country-Unique Terms
ASIA PACIFIC
AUSTRALIA: The IBM Warranty for Machines:
The following paragraph is
added to this Section:
The warranties specified in this Section are in addition to any rights you may
have under the Trade Practices Act 1974 or other legislation and are only
limited to the extent permitted by the applicable legislation.
Appendix. Product warranty and notices
31