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Commercial Court of Paris; 5) 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; 6) 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 8) 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, Libya, FYR Macedonia, Moldova,
Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Slovenia, Tajikistan,
Turkmenistan, Ukraine, and Uzbekistan 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:
The warranty for Machines acquired in EU countries is valid and applicable in all
EU countries provided the Machines have been announced and made available in
such countries.
DENMARK, FINLAND, GREECE, ITALY, NETHERLANDS, NORWAY,
PORTUGAL, SPAIN, SWEDEN AND SWITZERLAND
Limitation of Liability: The following replaces the terms of this section in its entirety:
Except as otherwise provided by mandatory law:
1. IBM's liability for any damages and losses that may arise as a consequence of
the fulfillment of its obligations under or in connection with this Statement of
Limited Warranty or due to any other cause related to this Statement of
Limited Warranty is limited to the compensation of only those damages and
losses proved and actually arising as an immediate and direct consequence of
Appendix B. IBM Statement of Limited Warranty Z125-4753-09 08/2006
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