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Poland, Romania, Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan,
Ukraine, Uzbekistan, and FR Yugoslavia all disputes arising out of this Statement
of Limited Warranty or related to its violation, termination or nullity will be finally
settled under the Rules of Arbitration and Conciliation of the International Arbitral
Center of the Federal Economic Chamber in Vienna (Vienna Rules) by three
arbitrators appointed in accordance with these rules. The arbitration will be held in
Vienna, Austria, and the official language of the proceedings will be English. The
decision of the arbitrators will be final and binding upon both parties. Therefore,
pursuant to paragraph 598 (2) of the Austrian Code of Civil Procedure, the parties
expressly waive the application of paragraph 595 (1) figure 7 of the Code. IBM may,
however, institute proceedings in a competent court in the country of installation.
In Estonia, Latvia and Lithuania all disputes arising in connection with this
Statement of Limited Warranty will be finally settled in arbitration that will be held in
Helsinki, Finland in accordance with the arbitration laws of Finland then in effect.
Each party will appoint one arbitrator. The arbitrators will then jointly appoint the
chairman. If arbitrators cannot agree on the chairman, then the Central Chamber of
Commerce in Helsinki will appoint the chairman.
EUROPEAN UNION (EU)
THE FOLLOWING TERMS APPLY TO ALL EU COUNTRIES:
Consumers have legal rights under applicable national legislation governing the sale
of consumer goods. Such rights are not affected by the warranties provided in this
Statement of Limited Warranty.
How to Obtain Warranty Service: The following is added to this section:
To obtain warranty service from IBM in EU countries, see the telephone listing in
Part3-Warranty Information.
You may contact IBM at the following address:
IBM Warranty & Service Quality Dept.
PO Box 30
Spango Valley
Greenock
Scotland PA16 0AH
AUSTRIA, DENMARK, FINLAND, GREECE, ITALY, NETHERLANDS,
PORTUGAL, SPAIN, SWEDEN AND SWITZERLAND
Limitation of Liability: The following replaces the terms of this section in its
entirety:
Except as otherwise provided by mandatory law:
1. IBM’s liability for any damages and losses that may arise as a consequence of
the fulfillment of its obligations under or in connection with this Statement of
Limited Warranty or due to any other cause related to this Statement of Limited
Warranty is limited to the compensation of only those damages and losses
proved and actually arising as an immediate and direct consequence of the
non-fulfillment of such obligations (if IBM is at fault) or of such cause, for a
maximum amount equal to the charges you paid for the Machine. For purposes
of this item, the term “Machine” includes Machine Code and Licensed Internal
Code (“LIC”).
70 BladeCenter Type 8677: Installation and User’s Guide