122
IBM Statement of Limited Warranty
in Russia
, all disputes arising out of or in relation to the interpretation, the
violation, the termination, the nullity of the execution of this Statement of
Limited Warranty shall be settled by Arbitration Court of Moscow; 6)
in
South Africa, Namibia, Lesotho and Swaziland
, both of us agree to submit
all disputes relating to this Statement of Limited Warranty to the jurisdiction
of the High Court in Johannesburg; 7)
in Turkey
all disputes arising out of or
in connection with this Statement of Limited Warranty shall be resolved by
the Istanbul Central (Sultanahmet) Courts and Execution Directorates of
Istanbul, the Republic of Turkey; 8) in each of the following specified
countries, any legal claim arising out of this Statement of Limited Warranty
will be brought before, and settled exclusively by, the competent court of a)
Athens for
Greece
, b) Tel Aviv-Jaffa for
Israel
, c) Milan for
Italy
, d) Lisbon
for
Portugal
, and e) Madrid for
Spain
; and 9)
in the United Kingdom
, both
of us agree to submit all disputes relating to this Statement of Limited
Warranty to the jurisdiction of the English courts.
Arbitration:
The following is added under this heading:
In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria,
Croatia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia,
Moldova, Poland, Romania, Russia, Slovakia, Slovenia, Tajikistan,
Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia
all disputes
arising out of this Statement
of Limited Warranty or related to its violation,
termination or nullity will be finally settled under the Rules of Arbitration and
Conciliation of the International Arbitral Center of the Federal Economic
Chamber in Vienna (Vienna Rules) by three arbitrators appointed in
accordance with these rules. The arbitration will be held in Vienna, Austria,
and the official language of the proceedings will be English. The decision of
the arbitrators will be final and binding upon both parties. Therefore, pursuant
to paragraph 598 (2) of the Austrian Code of Civil Procedure, the parties
expressly waive the application of paragraph 595 (1) figure 7 of the Code.
IBM may, however, institute proceedings in a competent court in the country
of installation.
In Estonia, Latvia and Lithuania
all disputes arising in connection with this
Statement of Limited Warranty will be finally settled in arbitration that will be
held in Helsinki, Finland in accordance with the arbitration laws of Finland
then in effect. Each party will appoint one arbitrator. The arbitrators will then
jointly appoint the chairman. If arbitrators cannot agree on the chairman, then
the Central Chamber of Commerce in Helsinki will appoint the chairman.
EUROPEAN UNION (EU)
THE FOLLOWING TERMS APPLY TO ALL EU COUNTRIES:
Consumers have legal rights under applicable national legislation governing
the sale of consumer goods. Such rights are not affected by the warranties
provided in this Statement of Limited Warranty.
Summary of Contents for @server xSeries 343
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