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Product Information Guide | 22
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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://www.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)