IBM 172319X Installation Guide - Page 68

Limitation, Liability, Governing, UNITED, STATES, PACIFIC, AUSTRALIA, Warranty, Covers

Page 68 highlights

Limitation of Liability: The following replaces item a and item b of this section: a. damages for bodily injury (including death) or physical harm to real property and tangible personal property caused by IBM's negligence; and b. the amount of any other actual direct damages, up to the greater of $100,000.00 or the charges (if recurring, 12 months' charges apply) for the Machine that is subject of the claim. For purposes of this item, the term "Machine" includes Machine Code and Licensed Internal Code ("LIC"). Governing Law: The following replaces "laws of the country in which you acquired the Machine" in the first sentence: laws in the Province of Ontario. PERU Limitation of Liability: The following is added at the end of this section: In accordance with Article 1328 of the Peruvian Civil Code the limitations and exclusions specified in this section will not apply to damages caused by IBM's willful misconduct ("dolo") or gross negligence ("culpa inexcusable"). UNITED STATES Governing Law: The following replaces "laws of the country in which you acquired the Machine" in the first sentence: laws of the State of New York ASIA PACIFIC AUSTRALIA What this Warranty Covers: 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 similar legislation and are only limited to the extent permitted by the applicable legislation. Limitation of Liability: The following is added to this section: Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974 or other similar legislation, IBM's liability is limited to the repair or 58 1U 17-inch Flat Panel Console Kit: Installation and Maintenance Guide

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Limitation
of
Liability:
The
following
replaces
item
a
and
item
b
of
this
section:
a.
damages
for
bodily
injury
(including
death)
or
physical
harm
to
real
property
and
tangible
personal
property
caused
by
IBM’s
negligence;
and
b.
the
amount
of
any
other
actual
direct
damages,
up
to
the
greater
of
$100,000.00
or
the
charges
(if
recurring,
12
months’
charges
apply)
for
the
Machine
that
is
subject
of
the
claim.
For
purposes
of
this
item,
the
term
“Machine”
includes
Machine
Code
and
Licensed
Internal
Code
(“LIC”).
Governing
Law:
The
following
replaces
“laws
of
the
country
in
which
you
acquired
the
Machine”
in
the
first
sentence:
laws
in
the
Province
of
Ontario.
PERU
Limitation
of
Liability:
The
following
is
added
at
the
end
of
this
section:
In
accordance
with
Article
1328
of
the
Peruvian
Civil
Code
the
limitations
and
exclusions
specified
in
this
section
will
not
apply
to
damages
caused
by
IBM’s
willful
misconduct
(“dolo”)
or
gross
negligence
(“culpa
inexcusable”).
UNITED
STATES
Governing
Law:
The
following
replaces
“laws
of
the
country
in
which
you
acquired
the
Machine”
in
the
first
sentence:
laws
of
the
State
of
New
York
ASIA
PACIFIC
AUSTRALIA
What
this
Warranty
Covers:
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
similar
legislation
and
are
only
limited
to
the
extent
permitted
by
the
applicable
legislation.
Limitation
of
Liability:
The
following
is
added
to
this
section:
Where
IBM
is
in
breach
of
a
condition
or
warranty
implied
by
the
Trade
Practices
Act
1974
or
other
similar
legislation,
IBM’s
liability
is
limited
to
the
repair
or
58
1U
17-inch
Flat
Panel
Console
Kit:
Installation
and
Maintenance
Guide