IBM BNT Installation Manual page 63

Virtual fabric 10gb switch module for ibm bladecenter
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AUSTRALIA
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 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 AND LAOS
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 AND LAOS
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.
51
Appendix B. Warranty

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