IBM 1U Installation And Maintenance Manual page 69

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.
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.
As applies to transactions initiated and performed in Hong Kong S.A.R., phrases
throughout this Agreement containing the word "country" (for example, "country of
purchase" and "country of Installation") are replaced with "Hong Kong S.A.R."
INDIA
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Appendix B. IBM Statement of Limited Warranty Z125-4753-10 08/2008