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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: 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 this Section: Both you and IBM consent to
the application of the laws of the State of New York (except when local law requires
otherwise) to govern, interpret, and enforce all your and IBM’s rights, duties, and
obligations arising from, or relating in any manner to, the subject matter of this
Agreement, without regard to conflict of law principles.
Any disputes arising from or in connection with this Agreement will first be resolved
by friendly negotiations, failing which either of us has the right to submit the dispute
to the China International Economic and Trade Arbitration Commission in Beijing,
the PRC, for arbitration in accordance with its arbitration rules in force at the time.
The arbitration tribunal will consist of three arbitrators. The language to be used
therein will be English and Chinese. An arbitral award will be final and binding on all
the parties, and will be enforceable under the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards (1958).
The arbitration fee will be borne by the losing party unless otherwise determined by
the arbitral award.
During the course of arbitration, this Agreement will continue to be performed
except for the part which the parties are disputing and which is undergoing
arbitration.
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.
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IBM ServeRAID: User’s Reference, Version 5.10