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Limitation of Liability: The following is added to this section:
Where IBM is in breach of a condition or warranty implied by the Trade
Practices Act 1974 or other similar legislation, IBM’s liability is limited to the
repair or replacement of the goods or the supply of equivalent goods. Where
that condition or warranty relates to right to sell, quiet possession or clear title,
or the goods are of a kind ordinarily acquired for personal, domestic or
household use or consumption, then none of the limitations in this paragraph
apply.
Governing Law: The following replaces “laws of the country in which you acquired
the Machine” in the first sentence:
laws of the State or Territory.
CAMBODIA AND LAOS
Governing Law: The following replaces “laws of the country in which you acquired
the Machine” in the first sentence:
laws
of the State of New York, United States of America.
CAMBODIA, INDONESIA, AND LAOS
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
Singapore in accordance with the Arbitration Rules of Singapore International
Arbitration Center (“SIAC Rules”) 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 SIAC.
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.
38 Installation and User’s Guide for HS20/HS40 and JS20 Fibre Channel expansion cards