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IBM Nortel 10 User Manual

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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.

3.

IBM’s

entire

liability

for

actual

damages

for

any

one

Default

will

not

in

any

event,

except

as

provided

in

items

1

and

2

above,

exceed

the

greater

of

1)

Pounds

Sterling

75,000,

or

2)

125%

of

the

total

purchase

price

payable

or

the

charges

for

the

Machine

directly

relating

to

the

Default.

Appendix

A.

IBM

Statement

of

Limited

Warranty

Z125-4753-08

04/2004

61