IBM eServer 380 xSeries User Reference Manual

Also see for eServer 380 xSeries: Installation guide

Contents

86 xSeries 380: User’s ReferenceLimitation of Liability: The following replaces the second sentence of the firstparagraph of this Section:In such instances, regardless of the basis on which you are entitled to claim damagesfrom IBM, IBM is liable for no more than: (items 1 and 2 unchanged).IRELANDExtent of Warranty: The following is added to this Section:Except as expressly provided in these terms and conditions, all statutory conditions,including all warranties implied, but without prejudice to the generality of the foregoingall warranties implied by the Sale of Goods Act 1893 or the Sale of Goods and Supplyof Services Act 1980 are hereby excluded.Limitation of Liability: The following replaces items one and two of the firstparagraph of this 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 firstparagraph: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 subject ofyour claim from IBM.UNITED KINGDOMLimitation of Liability: The following replaces items 1 and 2 of the first paragraph ofthis Section: