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.
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.
Appendix
B.
IBM
Statement
of
Limited
Warranty
Z125-4753-09
08/2006
41
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