In most jurisdictions, whenever you accept money for a product there are implied warranties of merchantability and fitness for a particular purpose. Since TM is widely touted by Apple as one of the features of OS X they cannot disclaim the warranty that it does what it is supposed to do, namely, back up your data. What Apple has done is analogous to selling a fire extinguisher that actually sets your house on fire. You can't disclaim liability for something like that.