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IBM M400 User Manual

Page 64

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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.

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.

E-6

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