IBM BladeCenter S 7779, Installation Manual

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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 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.
HONG KONG S.A.R.
As applies to transactions initiated and performed in Hong Kong S.A.R., phrases
throughout this Agreement containing the word “country” (for example, “country
of purchase” and “country of Installation”) are replaced with “Hong Kong S.A.R.”
INDIA
Limitation of Liability: The following replaces items 1 and 2 of this section:
1. liability for bodily injury (including death) or damage to real property and
tangible personal property will be limited to that caused by IBM's negligence;
and
2. as to any other actual damage arising in any situation involving
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.
Appendix B. IBM Statement of Limited Warranty Z125-4753-09 08/2006
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