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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; and
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,, the charge paid by you for the individual Machine that is the
subject of the claim. For purposes of this item, the term ″Machine″ includes
Machine Code and Licensed Internal Code (″LIC″).
Arbitration: The following is added under this heading:
Disputes arising out of or in connection with this Statement of Limited Warranty shall
be finally settled by arbitration which shall be held in Bangalore, India in accordance
with the laws of India then in effect. The arbitration award shall be final and binding
for the parties without appeal and shall be in writing and set forth the findings of
fact and the conclusions of law.
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 who shall act as chairman of the proceedings. Vacancies in the post of
chairman shall be filled by the president of the Bar Council of India. 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.
All proceedings shall be conducted, including all documents presented in such
proceedings, in the English language. The English language version of this Statement
of Limited Warranty prevails over any other language version.
JAPAN
Governing Law: The following sentence is added to this section:
Any doubts concerning this Statement of Limited Warranty will be initially resolved
between us in good faith and in accordance with the principle of mutual trust.
MALAYSIA
Limitation of Liability: The word ″SPECIAL″ in item 3 of the fifth paragraph is
deleted.
NEW ZEALAND
What this Warranty Covers: 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
B. IBM Statement of Limited Warranty - Z125-4753-07 - 11/2002 23