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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; 7) 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 the
non-fulfillment of such obligations (if IBM is at fault) or of such cause, for a
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Appendix B. Warranty
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