IBM NetVista
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
Governing Law
:
The following sentence is added to this Section:
Any doubts concerning this Agreement will be initially resolved between us in
good faith and in accordance with the principle of mutual trust.
NEW ZEALAND
The IBM Warranty for Machines
:
The following paragraph is added to this
Section:
The warranties specified in this Section are in addition to any rights you may
have under the Consumer Guarantees Act 1993 or other legislation which cannot
be 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:
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