IBM 8685 - eServer xSeries 255, Installation Manual

Page: 59 / 84

Limitation of Liability: The following replaces item 1 of this section:
1. damages for bodily injury (including death) or physical harm to real property and
tangible personal property caused by IBM’s negligence; and
Governing Law: The following replaces “laws of the country in which you acquired
the Machine” in the first sentence:
laws in the Province of Ontario.
UNITED STATES
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.
ASIA PACIFIC
AUSTRALIA
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 Trade Practices Act 1974 or other similar legislation and are only limited
to the extent permitted by the applicable legislation.
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, LAOS, AND VIETNAM
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, LAOS, AND VIETNAM
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
Appendix B. Warranty information
47