IBM 8841 - eServer xSeries 236 Installation Manual

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you, whether in contract or tort. A number of Defaults which together result in, orcontribute to, substantially the same loss or damage will be treated as one Defaultoccurring on the date of occurrence of the last such Default.Circumstances may arise where, because of a Default, you are entitled to recoverdamages from IBM.This section sets out the extent of IBM’s liability and your sole remedy.1. IBM will accept unlimited liability for death or personal injury caused by thenegligence of IBM.2. Subject always to the Items for Which IBM is Not Liable below, IBM willaccept unlimited liability for physical damage to your tangible property resultingfrom the negligence of IBM.3. Except as provided in items 1 and 2 above, IBM’s entire liability for actualdamages for any one Default will not in any event exceed the greater of 1) EUR125,000, or 2) 125% of the amount you paid for the Machine directly relating tothe Default.Items for Which IBM is Not LiableSave with respect to any liability referred to in item 1 above, under nocircumstances is IBM, its suppliers or resellers liable for any of the following, even ifIBM or they were informed of the possibility of such losses:1. loss of, or damage to, data;2. special, indirect, or consequential loss; or3. loss of profits, business, revenue, goodwill, or anticipated savings.SLOVAKIALimitation 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 theSlovak Commercial Code.SOUTH AFRICA, NAMIBIA, BOTSWANA, LESOTHO AND SWAZILANDLimitation of Liability: The following is added to this section:IBM’s entire liability to you for actual damages arising in all situations involvingnonperformance by IBM in respect of the subject matter of this Statement ofWarranty will be limited to the charge paid by you for the individual Machine that isthe subject of your claim from IBM.UNITED KINGDOMLimitation of Liability: The following replaces the terms of this section in itsentirety:For the purposes of this section, a “Default” means any act, statement, omission, ornegligence on the part of IBM in connection with, or in relation to, the subject matterof this Statement of Limited Warranty in respect of which IBM is legally liable toyou, whether in contract or tort. A number of Defaults which together result in, orcontribute 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 recoverdamages from IBM.Appendix B. IBM Statement of Limited Warranty Z125-4753-08 04/2004 71