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cannot be excluded or limited. The Consumer Guarantees Act 1993 will not
apply in respect of any goods which IBM provides, if you require the goods
for the purposes of a business as defined in that Act.
Limitation of Liability: The following is added to this Section:
Where Machines are not acquired for the purposes of a business as defined in
the Consumer Guarantees Act 1993, the limitations in this Section are subject
to the limitations in that Act.
PEOPLE’S REPUBLIC OF CHINA (PRC)
Governing Law: The following replaces this Section:
Both you and IBM consent to the application of the laws of the State of New
York (except when local law requires otherwise) to govern, interpret, and
enforce all your and IBM’s 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
Appendix C. Warranty information 59