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requires otherwise) to govern, interpret, and enforce all your and IBMÆs
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.
If you purchase an IBM Machine in a Middle Eastern or African country, you
may obtain warranty service for that Machine from the IBM entity within the
country of purchase, if that IBM entity provides warranty service in that
Appendix A. Warranty Information 19