IBM 17231RX Installation Guide - Page 77

IRELAND, Warranty, Covers, Limitation, Liability, Items, Which, Liable

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The following paragraph is added to this section: The limitations and exclusions specified in the Statement of Limited Warranty will not apply to damages caused by IBM with fraud or gross negligence and for express warranty. The following sentence is added to the end of item "b": IBM's liability under this item is limited to the violation of essential contractual terms in cases of ordinary negligence. IRELAND What this Warranty Covers: The following is added to this section: Except as expressly provided in these terms and conditions or Section 12 of the Sale of Goods Act 1893 as amended by the Sale of Goods and Supply of Services Act, 1980 ("the 1980 Act"), all conditions or warranties (express or implied, statutory or otherwise) are hereby excluded including, without limitation, any warranties implied by the Sale of Goods Act 1893 as amended by the 1980 Act (including, for the avoidance of doubt, section 39 of the 1980 Act). 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. a. IBM will accept unlimited liability for death or personal injury caused by the negligence of IBM. b. Subject always to the Items for Which IBM is Not Liable below, IBM will accept unlimited liability for physical damages to your tangible property resulting from the negligence of IBM. c. Except as provided in items "a" and "b" 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 "a" 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: Appendix B. IBM Statement of Limited Warranty Z125-4753-10 08/2008 67

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The
following
paragraph
is
added
to
this
section:
The
limitations
and
exclusions
specified
in
the
Statement
of
Limited
Warranty
will
not
apply
to
damages
caused
by
IBM
with
fraud
or
gross
negligence
and
for
express
warranty.
The
following
sentence
is
added
to
the
end
of
item
“b”:
IBM’s
liability
under
this
item
is
limited
to
the
violation
of
essential
contractual
terms
in
cases
of
ordinary
negligence.
IRELAND
What
this
Warranty
Covers:
The
following
is
added
to
this
section:
Except
as
expressly
provided
in
these
terms
and
conditions
or
Section
12
of
the
Sale
of
Goods
Act
1893
as
amended
by
the
Sale
of
Goods
and
Supply
of
Services
Act,
1980
(“the
1980
Act”),
all
conditions
or
warranties
(express
or
implied,
statutory
or
otherwise)
are
hereby
excluded
including,
without
limitation,
any
warranties
implied
by
the
Sale
of
Goods
Act
1893
as
amended
by
the
1980
Act
(including,
for
the
avoidance
of
doubt,
section
39
of
the
1980
Act).
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.
a.
IBM
will
accept
unlimited
liability
for
death
or
personal
injury
caused
by
the
negligence
of
IBM.
b.
Subject
always
to
the
Items
for
Which
IBM
is
Not
Liable
below,
IBM
will
accept
unlimited
liability
for
physical
damages
to
your
tangible
property
resulting
from
the
negligence
of
IBM.
c.
Except
as
provided
in
items
“a”
and
“b”
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
“a”
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:
Appendix
B.
IBM
Statement
of
Limited
Warranty
Z125-4753-10
08/2008
67