IBM 110 GB SDLT, User Manual

Page: 37 / 48

Governing Law: The following sentence is added to this Section:
Any doubts concerning this Agreement will be initially resolved between us in
good faith and in accordance with the principle of mutual trust.
NEW ZEALAND
The IBM Warranty for Machines: 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 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)
Appendix E. Product warranty and notices
E-7