IBM C400 User Manual page 72

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.
INDIA
Limitation of Liability: The following replaces items 1 and 2 of this Section:
1. liability for bodily injury (including death) or damage to real property and tangible
2. as to any other actual damage arising in any situation involving nonperformance by IBM
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 Bangalore, India in accordance with the
laws of India 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 Bar Council of India. 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.
JAPAN
Governing Law: The following sentence is added to this Section:
Any doubts concerning this Statement of Limited Warranty will be initially resolved between
us in good faith and in accordance with the principle of mutual trust.
MALAYSIA
Limitation of Liability: The word "SPECIAL" in item 3 of the fifth paragraph is deleted.
NEW ZEALAND
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
Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The
Consumer Guarantees Act 1993 will not apply in respect of any goods which IBM provides, if
you require the goods for the purposes of a business as defined in that Act.
Limitation of Liability: The following is added to this Section:
Where Machines are not acquired for the purposes of a business as defined in the Consumer
Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.
PEOPLE'S REPUBLIC OF CHINA (PRC)
Governing Law: The following replaces "laws of the country in which you acquired the
E-6
IBM C400 PROJECTOR: User's Guide
personal property will be limited to that caused by IBM's negligence; and
pursuant to, or in any way related to the subject of this Statement of Limited Warranty, the
charge paid by you for the individual Machine that is the subject of the claim. For
purposes of this item, the term "Machine" includes Machine Code and Licensed Internal
Code ("LIC").