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Items for Which IBM is Not Liable
Save with respect to any liability referred to in item 1 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:
1. loss of, or damage to, data;
2. special, indirect, or consequential loss; or
3. loss of profits, business, revenue, goodwill, or anticipated savings.
SLOVAKIA
Limitation 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 the Slovak
Commercial Code.
SOUTH AFRICA, NAMIBIA, BOTSWANA, LESOTHO AND SWAZILAND
Limitation of Liability: The following is added to this section:
IBM’s entire liability to you for actual damages arising in all situations involving
nonperformance by IBM in respect of the subject matter of this Statement of Warranty
will be limited to the charge paid by you for the individual Machine that is the subject
of your claim from IBM.
UNITED KINGDOM
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.
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.
1. IBM will accept unlimited liability for:
a. death or personal injury caused by the negligence of IBM; and
b. any breach of its obligations implied by Section 12 of the Sale of Goods Act 1979
or Section 2 of the Supply of Goods and Services Act 1982, or any statutory
modification or re-enactment of either such Section.
2. IBM will accept unlimited liability, subject always to the Items for Which IBM is
Not Liable below, for physical damage to your tangible property resulting from the
negligence of IBM.
² E. IBM Statement of Limited Warranty - Z125-4753-07 - 11/2002 E-15