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IBM E400 User Manual

Page 59

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1)

In

Austria

the

choice

of

jurisdiction

for

all

disputes

arising

out

of

this

Statement

of

Limited

Warranty

and

relating

thereto,

including

its

existence,

will

be

the

competent

court

of

law

in

Vienna,

Austria

(Inner-City);

2)

in

Angola,

Bahrain,

Botswana,

Burundi,

Egypt,

Eritrea,

Ethiopia,

Ghana,

Jordan,

Kenya,

Kuwait,

Liberia,

Malawi,

Malta,

Mozambique,

Nigeria,

Oman,

Pakistan,

Qatar,

Rwanda,

Sao

Tome,

Saudi

Arabia,

Sierra

Leone,

Somalia,

Tanzania,

Uganda,

United

Arab

Emirates,

West

Bank/Gaza,

Yemen,

Zambia,

and

Zimbabwe

all

disputes

arising

out

of

this

Statement

of

Limited

Warranty

or

related

to

its

execution,

including

summary

proceedings,

will

be

submitted

to

the

exclusive

jurisdiction

of

the

English

courts;

3)

in

Belgium

and

Luxembourg,

all

disputes

arising

out

of

this

Statement

of

Limited

Warranty

or

related

to

its

interpretation

or

its

execution,

the

law,

and

the

courts

of

the

capital

city,

of

the

country

of

your

registered

office

and/or

commercial

site

location

only

are

competent;

4)

in

France,

Algeria,

Benin,

Burkina

Faso,

Cameroon,

Cape

Verde,

Central

African

Republic,

Chad,

Comoros,

Congo

Republic,

Djibouti,

Democratic

Republic

of

Congo,

Equatorial

Guinea,

French

Guiana,

French

Polynesia,

Gabon,

Gambia,

Guinea,

Guinea-Bissau,

Ivory

Coast,

Lebanon,

Madagascar,

Mali,

Mauritania,

Mauritius,

Mayotte,

Morocco,

New

Caledonia,

Niger,

Reunion,

Senegal,

Seychelles,

Togo,

Tunisia,

Vanuatu,

and

Wallis

&

Futuna

all

disputes

arising

out

of

this

Statement

of

Limited

Warranty

or

related

to

its

violation

or

execution,

including

summary

proceedings,

will

be

settled

exclusively

by

the

Commercial

Court

of

Paris;

5)

in

Russia,

all

disputes

arising

out

of

or

in

relation

to

the

interpretation,

the

violation,

the

termination,

the

nullity

of

the

execution

of

this

Statement

of

Limited

Warranty

shall

be

settled

by

Arbitration

Court

of

Moscow;

6)

in

South

Africa,

Namibia,

Lesotho

and

Swaziland,

both

of

us

agree

to

submit

all

disputes

relating

to

this

Statement

of

Limited

Warranty

to

the

jurisdiction

of

the

High

Court

in

Johannesburg;

7)

in

Turkey

all

disputes

arising

out

of

or

in

connection

with

this

Statement

of

Limited

Warranty

shall

be

resolved

by

the

Istanbul

Central

(Sultanahmet)

Courts

and

Execution

Directorates

of

Istanbul,

the

Republic

of

Turkey;

8)

in

each

of

the

following

specified

countries,

any

legal

claim

arising

out

of

this

Statement

of

Limited

Warranty

will

be

brought

before,

and

settled

exclusively

by,

the

competent

court

of

a)

Athens

for

Greece,

b)

Tel

Aviv-Jaffa

for

Israel,

c)

Milan

for

Italy,

d)

Lisbon

for

Portugal,

and

e)

Madrid

for

Spain;

and

9)

in

the

United

Kingdom,

both

of

us

agree

to

submit

all

disputes

relating

to

this

Statement

of

Limited

Warranty

to

the

jurisdiction

of

the

English

courts.

Arbitration:

The

following

is

added

under

this

heading:

In

Albania,

Armenia,

Azerbaijan,

Belarus,

Bosnia-Herzegovina,

Bulgaria,

Croatia,

Georgia,

Hungary,

Kazakhstan,

Kyrgyzstan,

FYR

Macedonia,

Moldova,

Poland,

Romania,

Russia,

Slovakia,

Slovenia,

Tajikistan,

Turkmenistan,

Ukraine,

Uzbekistan,

and

FR

Yugoslavia

all

disputes

arising

out

of

this

Statement

of

Limited

Warranty

or

related

to

its

violation,

termination

or

nullity

will

be

finally

settled

under

the

Rules

of

Arbitration

and

Conciliation

of

the

International

Arbitral

Center

of

the

Federal

Economic

Chamber

in

Vienna

(Vienna

Rules)

by

three

arbitrators

appointed

in

accordance

with

these

rules.

The

arbitration

will

be

held

in

Vienna,

Austria,

and

the

official

language

of

the

proceedings

will

be

English.

The

decision

of

the

arbitrators

will

be

final

and

binding

upon

both

parties.

Therefore,

pursuant

to

paragraph

598

(2)

of

the

Austrian

Code

of

Civil

Procedure,

the

parties

expressly

waive

the

application

of

paragraph

595

(1)

figure

7

of

the

Code.

IBM

may,

however,

institute

proceedings

in

a

competent

court

in

the

country

of

installation.

In

Estonia,

Latvia

and

Lithuania

all

disputes

arising

in

connection

with

this

Statement

of

Limited

Warranty

will

be

finally

settled

in

arbitration

that

will

be

held

in

Helsinki,

Finland

in

accordance

with

the

arbitration

laws

of

Finland

then

in

effect.

Each

party

will

appoint

one

arbitrator.

The

arbitrators

will

then

jointly

appoint

the

chairman.

If

arbitrators

cannot

agree

on

the

chairman,

then

the

Central

Chamber

of

Commerce

in

Helsinki

will

appoint

the

chairman.

EUROPEAN

UNION

(EU)

THE

FOLLOWING

TERMS

APPLY

TO

ALL

EU

COUNTRIES:

Dodatek

E.

IBM

Statement

of

Limited

Warranty

-

Z125-4753-07

-

11/2002

E-9