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IBM M400 User Manual

Page 65

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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

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

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

″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

(except

when

local

law

requires

otherwise).

PHILIPPINES

Limitation

of

Liability:

Item

3

in

the

fifth

paragraph

is

replaced

by

the

following:

SPECIAL

(INCLUDING

NOMINAL

AND

EXEMPLARY

DAMAGES),

MORAL,

INCIDENTAL,

OR

INDIRECT

DAMAGES

FOR

ANY

ECONOMIC

CONSEQUENTIAL

DAMAGES;

OR

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

Metro

Manila,

Philippines

in

accordance

with

the

laws

of

the

Philippines

then

in

effect.

The

Apêndice

E.

IBM

Statement

of

Limited

Warranty

-

Z125-4753-07

-

11/2002

E-7