Part 2 - Country-Unique Terms - IBM ATA-100 User Manual

EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
GOVERNING LAW
Both you and IBM consent to the application of the laws of the country in which you acquired the Machine to govern, interpret, and
enforce all of your and IBM s rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this
Agreement, without regard to conflict of law principles.

Part 2 - Country-unique Terms

AMERICAS
BRAZIL
Governing Law: The following is added after the first sentence: Any litigation arising from this Agreement will be settled exclusively
by the court of Rio de Janeiro.
NORTH AMERICA
Warranty Service: The following is added to this Section: To obtain warranty service from IBM in Canada or the United States, call
1-800-IBM-SERV (426-7378).
CANADA
Governing Law: The following replaces "laws of the country in which you acquired the Machine" in the first sentence:
laws in the Province of Ontario.
UNITED STATES
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.
ASIA PACIFIC
AUSTRALIA
The IBM Warranty for Machines: 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, LAOS, AND VIETNAM
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.
The following is added to this Section:
Disputes and differences arising out of or in connection with this Agreement shall be finally settled by arbitration which shall be held
in Singapore in accordance with the rules of the International Chamber of Commerce (ICC). The arbitrator or arbitrators designated in
conformity with those rules shall have the power to rule on their own competence and on the validity of the Agreement to submit to
arbitration. The arbitration award shall be final and binding for the parties without appeal and the arbitral award shall be in writing
and set forth the findings of fact and the conclusions of law.
All proceedings shall be conducted, including all documents presented in such proceedings, in the English language. 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 before proceeding upon the reference. The third arbitrator
shall act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the president of the ICC. 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.
The English language version of this Agreement prevails over any other language version.
HONG KONG AND MACAU
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
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 personal property will be limited to that c
aused by IBM's negligence;
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