IBM 8677 - BladeCenter Rack-mountable - Power..., Installation And User Manual

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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 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 “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).
PHILIPPINES
Limitation of Liability: Item 3 in the fifth paragraph is replaced by the following:
SPECIAL (INCLUDING NOMINAL AND EXEMPLARY DAMAGES), MORAL,
INCIDENTAL, OR INDIRECT DAMAGES FOR ANY ECONOMIC
CONSEQUENTIAL DAMAGES; OR
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 Metro Manila, Philippines
in accordance with the laws of the Philippines 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 Philippine Dispute Resolution
Center, Inc. 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.
Appendix B. IBM Statement of Limited Warranty Z125-4753-07 11/2002
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