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Appendix 109
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR
ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, DELL IS NOT LIABLE OR RESPONSIBLE
FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET
FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL
PURPOSE.
DELL IS NOT LIABLE TO YOU FOR WARRANTIES, SUPPORT, OR SERVICE MADE BY OR
PURCHASED FROM A THIRD PARTY AND NOT DIRECTLY FROM DELL. DELL IS NOT
RESPONSIBLE FOR REPRESENTATIONS OR OMISSIONS MADE BY A THIRD PARTY.
10
Applicable Law; Not For Resale or Export.
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree
and represent that you are buying only for your own internal use only, and not for resale or export. Dell has separate
terms and conditions governing resale of Product by third parties and transactions outside the United States. Terms
and conditions for resale are located at:
http://
www.dell.com/policy/legal/termsofsale.htm.
11
Governing Law.
THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
12
Headings.
The section headings used herein are for convenience of reference only and do not form a part of these terms and
conditions, and no construction or inference shall be derived there from.
13
Binding Arbitration.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, its agents,
employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Dell") arising from or
relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which
result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties
who are not signatories to this Agreement), Dell's advertising, or any related purchase SHALL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL
ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at
http://w
ww.arb-forum.com
, or via telephone at 1-800-474-2371). The arbitration will be limited solely to the
dispute or controversy between customer and Dell. NEITHER CUSTOMER NOR DELL SHALL BE ENTITLED
TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM
AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This
transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9
U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be
entered as a judgment in any court of competent jurisdiction. Dell will be responsible for paying any arbitration filing
fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a
claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and
attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys'
fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing
party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with
the NAF at P.O. Box 50191, Minneapolis, MN 55405. (REV 4/04)