IBM 46C5387 Fiche technique télécharger pdf (Page 39)

reduction as far as justified by the reduced value of the unrepaired Machine or ask

for a cancellation of the respective agreement for such Machine and get your

money refunded.

The second paragraph does not apply.

What IBM Will Do to Correct Problems: The following is added to this section:

During the warranty period, transportation for delivery of the failing Machine to IBM

will be at IBM’s expense.

Limitation of Liability: 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 2:

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.

1. IBM will accept unlimited liability for death or personal injury caused by the

negligence of IBM.

2. Subject always to the Items for Which IBM is Not Liable below, IBM will

accept unlimited liability for physical damage to your tangible property resulting

from the negligence of IBM.

3. Except as provided in items 1 and 2 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.

Appendix C. Warranty 31

IBM 46C5387 Fiche technique Page 39