beautypg.com

IBM E400 User Manual

Page 55

background image

Governing

Law:

The

following

replaces

“laws

of

the

country

in

which

you

acquired

the

Machine”

in

the

first

sentence:

laws

in

the

Province

of

Ontario.

UNITED

STATES

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.

ASIA

PACIFIC

AUSTRALIA

What

this

Warranty

Covers:

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

Trade

Practices

Act

1974

or

other

similar

legislation

and

are

only

limited

to

the

extent

permitted

by

the

applicable

legislation.

Limitation

of

Liability:

The

following

is

added

to

this

Section:

Where

IBM

is

in

breach

of

a

condition

or

warranty

implied

by

the

Trade

Practices

Act

1974

or

other

similar

legislation,

IBM’s

liability

is

limited

to

the

repair

or

replacement

of

the

goods

or

the

supply

of

equivalent

goods.

Where

that

condition

or

warranty

relates

to

right

to

sell,

quiet

possession

or

clear

title,

or

the

goods

are

of

a

kind

ordinarily

acquired

for

personal,

domestic

or

household

use

or

consumption,

then

none

of

the

limitations

in

this

paragraph

apply.

Governing

Law:

The

following

replaces

“laws

of

the

country

in

which

you

acquired

the

Machine”

in

the

first

sentence:

laws

of

the

State

or

Territory.

CAMBODIA,

LAOS,

AND

VIETNAM

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.

CAMBODIA,

INDONESIA,

LAOS,

AND

VIETNAM

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

Singapore

in

accordance

with

the

Arbitration

Rules

of

Singapore

International

Arbitration

Center

(

″SIAC

Rules

″)

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

SIAC.

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.

Dodatek

E.

IBM

Statement

of

Limited

Warranty

-

Z125-4753-07

-

11/2002

E-5