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IBM E400 User Manual

Page 56

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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.

HONG

KONG

S.A.R.

OF

CHINA

AND

MACAU

S.A.R.

OF

CHINA

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

of

China.

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;

and

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,,

the

charge

paid

by

you

for

the

individual

Machine

that

is

the

subject

of

the

claim.

For

purposes

of

this

item,

the

term

″Machine″

includes

Machine

Code

and

Licensed

Internal

Code

(

″LIC″).

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

Bangalore,

India

in

accordance

with

the

laws

of

India

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

Bar

Council

of

India.

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.

JAPAN

Governing

Law:

The

following

sentence

is

added

to

this

section:

Any

doubts

concerning

this

Statement

of

Limited

Warranty

will

be

initially

resolved

between

us

in

good

faith

and

in

accordance

with

the

principle

of

mutual

trust.

MALAYSIA

Limitation

of

Liability:

The

word

SPECIAL

in

item

3

of

the

fifth

paragraph

is

deleted.

NEW

ZEALAND

E-6

IBM

E400

PROJECTOR:

User’s

Guide