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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 country, or from an
IBM reseller, approved by IBM to perform warranty service on that Machine in
that country. Warranty service in Africa is available within 50 kilometers of an IBM
authorized service provider. You are responsible for transportation costs for
Machines located outside 50 kilometers of an IBM authorized service provider.
Governing Law: The applicable laws that govern, interpret and enforce rights,
duties, and obligations of each of us arising from, or relating in any manner to, the
subject matter of this Statement, without regard to conflict of laws principles, as
well as Country-unique terms and competent court for this Statement are those of
the country in which the warranty service is being provided, except that in 1)
Albania, Bosnia-Herzegovina, Bulgaria, Croatia, Hungary, Former Yugoslav
Republic of Macedonia, Romania, Slovakia, Slovenia, Armenia, Azerbaijan, Belarus,
Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan,
Ukraine, and Uzbekistan, the laws of Austria apply; 2) Estonia, Latvia, and
Lithuania, the laws of Finland apply; 3) Algeria, Benin, Burkina Faso, Cameroon,
Cape Verde, Central African Republic, Chad, Congo, Djibouti, Democratic Republic
of Congo, Equatorial Guinea, France, Gabon, Gambia, Guinea, Guinea-Bissau,
Ivory Coast, Lebanon, Mali, Mauritania, Morocco, Niger, Senegal, Togo, and
Tunisia, this Agreement will be construed and the legal relations between the
parties will be determined in accordance with the French laws and all disputes
arising out of this Agreement or related to its violation or execution, including
summary proceedings, will be settled exclusively by the Commercial Court of
Paris; 4) Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana,
Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman,
Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania,
Uganda, United Arab Emirates, United Kingdom, West Bank/Gaza, Yemen,
Zambia, and Zimbabwe, this Agreement will be governed by English Law and
106 4560SLX Tape Library: User’s Guide