IBM UPS1000THV Operation And Maintenance Manual - page 51

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information contained in a Machine which you return to IBM for any reason. You should remove all 

such information from the Machine prior to its return. 

Circumstances may arise where, because of a default on IBM's part or other liability, you are entitled to 

recover damages from IBM. In each such instance, regardless of the basis on which you are entitled to 

claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other 

contract or tort claim), except for any liability that cannot be waived or limited by applicable laws, IBM 

is liable for no more than 

1. 

damages for bodily injury (including death) and damage to real property and tangible personal 

property; and

2. 

the amount of any other actual direct damages, up to the charges (if recurring, 12 months' charges 

apply) for the Machine that is subject of the claim. For purposes of this item, the term “Machine” 

includes Machine Code and Licensed Internal Code (“LIC”).

This limit also applies to IBM's suppliers and your reseller. It is the maximum for which IBM, its 

suppliers, and your reseller are collectively responsible. 

UNDER NO CIRCUMSTANCES IS IBM, ITS SUPPLIERS OR RESELLERS LIABLE FOR 

ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY: 1) THIRD 

PARTY CLAIMS AGAINST YOU FOR DAMAGES (OTHER THAN THOSE UNDER THE 

FIRST ITEM LISTED ABOVE); 2) LOSS OF, OR DAMAGE TO, DATA; 3) SPECIAL, 

INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL 

DAMAGES; OR 4) LOST PROFITS, BUSINESS REVENUE, GOODWILL OR ANTICIPATED 

SAVINGS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR 

LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE 

LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOME STATES OR 

JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED 

WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

Governing Law 

Both you and IBM consent to the application of the laws of the country in which you acquired the 

Machine to govern, interpret, and enforce all of your and IBM's rights, duties, and obligations arising 

from, or relating in any manner to, the subject matter of this Statement of Limited Warranty, without 

regard to conflict of law principles. 

THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO 

HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO 

JURISDICTION. 

Jurisdiction 

All of our rights, duties, and obligations are subject to the courts of the country in which you acquired 

the Machine. 

Part 2 - Country-unique Terms 

AMERICAS 

ARGENTINA 

Governing Law: The following is added after the first sentence: 

Any litigation arising from this Statement of Limited Warranty will be settled exclusively by the 

Ordinary Commercial Court of the city of Buenos Aires. 

BRAZIL 

Governing Law: The following is added after the first sentence: 

Any litigation arising from this Statement of Limited Warranty will be settled exclusively by the court of 

Rio de Janeiro, RJ. 

PERU 

Limitation of Liability: The following is added at the end of this section: 

In accordance with Article 1328 of the Peruvian Civil Code the limitations and exclusions specified in 

this section will not apply to damages caused by IBM's willful misconduct (“dolo”) or gross negligence 

(“culpa inexcusable”).