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Appendix F. Product warranties and notices 253
Limitation of Liability: The following is added to this Section:
Where Machines are not acquired for the purposes of a business as defined in the
Consumer Guarantees Act 1993, the limitations in this Section are subject to the
limitations in that Act.
PEOPLE'S REPUBLIC OF CHINA (PRC)
Governing Law: The following replaces this Section:
Both you and IBM consent to the application of the laws of the State of New York
(except when local law requires otherwise) to govern, interpret, and enforce all
your and IBM’s rights, duties, and obligations arising from, or relating in any
manner to, the subject matter of this Agreement, without regard to conflict of law
principles.
Any disputes arising from or in connection with this Agreement will first be
resolved by friendly negotiations, failing which either of us has the right to
submit the dispute to the China International Economic and Trade Arbitration
Commission in Beijing, the PRC, for arbitration in accordance with its arbitration
rules in force at the time. The arbitration tribunal will consist of three arbitrators.
The language to be used therein will be English and Chinese. An arbitral award
will be final and binding on all the parties, and will be enforceable under the
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
(1958).
The arbitration fee will be borne by the losing party unless otherwise determined
by the arbitral award.
During the course of arbitration, this Agreement will continue to be performed
except for the part which the parties are disputing and which is undergoing
arbitration.
EUROPE, MIDDLE EAST, AFRICA (EMEA)
THE FOLLOWING TERMS APPLY TO ALL EMEA COUNTRIES:
The terms of this Statement of Limited Warranty apply to Machines purchased
from IBM or an IBM reseller.
Warranty Service: If you purchase an IBM Machine in Austria, Belgium,
Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy,
Latvia, Lithuania, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden,
Switzerland or United Kingdom, you may obtain warranty service for that
Machine in any of those countries from either (1) an IBM reseller approved to
perform warranty service or (2) from IBM. If you purchase an IBM Personal
Computer Machine in Albania, Armenia, Belarus, Bosnia and Herzegovina,
Bulgaria, Croatia, Czech Republic, Georgia, Hungary, Kazakhstan, Kirghizia,
Federal Republic of Yugoslavia, Former Yugoslav Republic of Macedonia
(FYROM), Moldova, Poland, Romania, Russia, Slovak Republic, Slovenia, or
Ukraine, you may obtain warranty service for that Machine in any of those
countries from either (1) an IBM reseller approved to perform warranty service or
(2) from IBM.
ISDNmst.fm Page 253 Wednesday, January 15, 2003 9:22 AM