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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.
NEW ZEALAND
The IBM Warranty for Machines: The following paragraph is added to this Section:
The warranties specified in this Section are in addition to any rights you may have
under the Consumer Guarantees Act 1993 or other legislation which cannot be
excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect
of any goods which IBM provides, if you require the goods for the purposes of a
business as defined in that Act.
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,
Appendix D. Product warranty and support information 31