IBM ServeRAID-4 Ultra160 Series, User Reference

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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.
The following is added to this Section: Disputes and differences arising out of or in
connection with this Agreement shall be finally settled by arbitration which shall be
held in Singapore in accordance with the rules of the International Chamber of
Commerce (ICC). The arbitrator or arbitrators designated in conformity with those
rules shall have the power to rule on their own competence and on the validity of
the Agreement to submit to arbitration. The arbitration award shall be final and
binding for the parties without appeal and the arbitral award shall be in writing and
set forth the findings of fact and the conclusions of law.
All proceedings shall be conducted, including all documents presented in such
proceedings, in the English language. 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 before
proceeding upon the reference. The third arbitrator shall act as chairman of the
proceedings. Vacancies in the post of chairman shall be filled by the president of
the ICC. 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.
The English language version of this Agreement prevails over any other language
version.
HONG KONG AND MACAU
Governing Law: The following replaces “laws of the country in which you acquired
the Machine” in the first sentence: laws of Hong Kong Special Administrative
Region.
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;
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, IBM’s liability will be limited to the charge paid by you for the
individual Machine that is the subject of the claim.
JAPAN
Product warranties and notices
173