IBM eServer 250 xSeries Installation Manual

Also see for eServer 250 xSeries: User reference guide

Contents

62 IBM® xSeries 250: Installation GuideLimitation of Liability: The following replaces items one and two of the first paragraph ofthis Section:1. death or personal injury or physical damage to your real property solely caused byIBM’s negligence; and2. the amount of any other actual direct damages, up to 125 percent of the charges (ifrecurring, the 12 months’ charges apply) for the Machine that is the subject of theclaim 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 ofany default shall be limited to damages.ITALYLimitation 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 forno more than:1. (unchanged)2. as to any other actual damage arising in all situations involving nonperformance byIBM pursuant to, or in any way related to the subject matter of this Statement ofWarranty, IBM’s liability, will be limited to the total amount you paid for the Machinethat is the subject of the claim.Applicability of suppliers and resellers (unchanged).The following replaces the third paragraph of this Section:Unless otherwise provided by mandatory law, IBM and your reseller are not liable forany of the following: (items 1 and 2 unchanged) 3) indirect damages, even if IBM oryour reseller is informed of their possibility.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 of Warrantywill be limited to the charge paid by you for the individual Machine that is the subjectof your claim from IBM.UNITED KINGDOMLimitation of Liability: The following replaces items 1 and 2 of the first paragraph of thisSection:1. death or personal injury or physical damage to your real property solely causedby IBM’s negligence;2. the amount of any other actual direct damages or loss, up to 125 percent of thecharges (if recurring, the 12 months’ charges apply) for the Machine that is thesubject of the claim or which otherwise gives rise to the claim;The following item is added to this paragraph:3. breach of IBM’s obligations implied by Section 12 of the Sale of Goods Act 1979 orSection 2 of the Supply of Goods and Services Act 1982.Applicability of suppliers and resellers (unchanged).The following is added to the end of this Section:IBM’s entire liability and your sole remedy, whether in contract or in tort, in respect ofany default shall be limited to damages.