IBM @server xSeries 343, Product Manual

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xSeries 343 Product Guide
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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.
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
.