excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect
of any goods which IBM provides, if you require the goods 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.
SINGAPORE
Limitation of Liability:
The words
″
SPECIAL
″
and
″
ECONOMIC
″
in item 3 in the
fifth paragraph are deleted.
EUROPE, MIDDLE EAST, AFRICA (EMEA)
THE FOLLOWING TERMS APPLY TO ALL EMEA COUNTRIES:
The terms of this Statement of Limited Warranty apply to Machines purchased
from IBM or an IBM reseller.
How to Obtain Warranty Service:
If you purchase a Machine in Austria, Belgium, Cyprus, Denmark, Estonia,
Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Liechtenstein,
Lithuania, Luxembourg, Monaco, Netherlands, Norway, Portugal, Spain, San
Marino, Sweden, Switzerland, United Kingdom or Vatican State, you may obtain
warranty service for that Machine in any of those countries from either (1) an IBM
Appendix E. IBM Statement of Limited Warranty - Z125-4753-07 - 11/2002
37
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