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have under the Trade Practices Act 1974 or other similar legislation and are
only limited to the extent permitted by the applicable legislation.
Limitation of Liability: The following is added to this Section: Where IBM is in
breach of a condition or warranty implied by the Trade Practices Act 1974 or
other similar legislation, IBM’s liability is limited to the repair or replacement
of the goods or the supply of equivalent goods. Where that condition or
warranty relates to right to sell, quiet possession or clear title, or the goods are
of a kind ordinarily acquired for personal, domestic or household use or
consumption, then none of the limitations in this paragraph apply.
Governing Law: The following replaces ″laws of the country in which you acquired
the Machine″ in the first sentence: laws of the State or Territory.
CAMBODIA, LAOS, AND VIETNAM
Governing Law: The following replaces ″laws of the country in which you acquired
the Machine″ in the first sentence: laws of the State of New York.
The following is added to this Section:
Disputes and differences arising out of or in connection with this Agreement
shall be finally settled by arbitration which shall be held in Singapore in
accordance with the rules of the International Chamber of Commerce (ICC).
The arbitrator or arbitrators designated in conformity with those rules shall
have the power to rule on their own competence and on the validity of the
Agreement to submit to arbitration. The 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.
Appendix A. Warranty Information 17