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arbitration award shall be final and binding for the parties without appeal and
the arbitral award shall be in writing and set forth the findings of fact and the
conclusions of law.
All proceedings shall be conducted, including all documents presented in such
proceedings, in the English language. The number of arbitrators shall be three,
with each side to the dispute being entitled to appoint one arbitrator.
The two arbitrators appointed by the parties shall appoint a third arbitrator
before proceeding upon the reference. The third arbitrator shall act as chairman
of the proceedings. Vacancies in the post of chairman shall be filled by the
president of the ICC. Other vacancies shall be filled by the respective
nominating party. Proceedings shall continue from the stage they were at when
the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint an arbitrator within 30
days of the date the other party appoints its, the first appointed arbitrator shall
be the sole arbitrator, provided that the arbitrator was validly and properly
appointed.
The English language version of this Agreement prevails over any other
language version.
HONG KONG AND MACAU
Governing Law: The following replaces “laws of the country in which you acquired
the Machine” in the first sentence: laws of Hong Kong Special Administrative
Region.
INDIA
Limitation of Liability: The following replaces items 1 and 2 of this Section:
1. liability for bodily injury (including death) or damage to real property and
tangible personal property will be limited to that caused by IBM’s
negligence;
2. as to any other actual damage arising in any situation involving
nonperformance by IBM pursuant to, or in any way related to the subject
of this Statement of Limited Warranty, IBM’s liability will be limited to the
charge paid by you for the individual Machine that is the subject of the
claim.
JAPAN
Governing Law: The following sentence is added to this Section:Any doubts
concerning this Agreement will be initially resolved between us in good faith
and in accordance with the principle of mutual trust.
E-6 IBM 8x4x32x8 CD-RW/DVD-ROM Combination Drive: User’s Guide