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2. as to any other actual damage arising in any situation involving
nonperformance by Lenovo 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.
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
excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect
of any goods which Lenovo 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 ″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 (except when local law
requires otherwise).
Appendix D. Lenovo Statement of Limited Warranty D-7