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Governing Law: The following is added after the first sentence:
Any litigation arising from this Agreement will be settled exclusively by the court of
Rio de Janeiro.
NORTH AMERICA
Warranty Service: The following is added to this Section:
To obtain warranty service from IBM in Canada or the United States, call 1-800-IBM-
SERV (426-7378).
CANADA
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
The IBM Warranty for Machines: 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.
The following is added to this Section:
Disputes and differences arising out of or in connection with this Agreement shall be
finally settled by arbitration which shall be held in Singapore in accordance with the
rules of the International Chamber of Commerce (ICC). The arbitrator or arbitrators
designated in conformity with those rules shall have the power to rule on their own
competence and on the validity of the Agreement to submit to arbitration. The
arbitration award shall be final and binding for the parties without appeal and the
arbitral award shall be in writing and set forth the findings of fact and the conclusions
of law.
All proceedings shall be conducted, including all documents presented in such
proceedings, in the English language. The number of arbitrators shall be three, with
each side to the dispute being entitled to appoint one arbitrator.
58
IBM® xSeries 250: Installation Guide
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