IBM @server xSeries 343, Product Manual

Page: 130 / 193

118 IBM Statement of Limited Warranty
nonperformance by IBM 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. For
purposes of this item, the term “Machine” includes Machine Code and
Licensed Internal Code (“LIC”).
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 IBM provides, if you require the goods