Appendix F: Product Warranties and notices
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ISDN PC Card – 20 Appendix F: Product Warranties and notices
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
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