IBM ATA-100 User Manual page 7

2. as to any other actual damage arising in any situation involving nonperformance by IBM pursuant to, or in any way related to the
subject of this Statement of Limited Warranty, IBM s liability will be limited to the charge paid by you for the individual Machine
that is the subject of the claim.
JAPAN
Governing Law: The following sentence is added to this Section:
Any doubts concerning this Agreement will be initially resolved between us in good faith and in accordance with the principle of
mutual trust.
NEW ZEALAND
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 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 is replaces this Section:
Both you and IBM consent to the application of the laws of the State of New York (except when local law requires otherwise) to
govern, interpret, and enforce all 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.
Any disputes arising from or in connection with this Agreement will first be resolved by friendly negotiations, failing which either of
us has the right to submit the dispute to the China International Economic and Trade Arbitration Commission in Beijing, the PRC, for
arbitration in accordance with its arbitration rules in force at the time. The arbitration tribunal will consist of three arbitrators. The
language to be used therein will be English and Chinese. An arbitral award will be final and binding on all the parties, and will be
enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958).
The arbitration fee will be borne by the losing party unless otherwise determined by the arbitral award. During the course of
arbitration, this Agreement will continue to be performed except for the part which the parties are disputing an d which is undergoing
arbitration.
EUROPE, MIDDLE EAST, AFRICA (EMEA)
THE FOLLOWING TERMS APPLY TO ALL EMEA COUNTRIES.
The terms of this Statement of Limited Warranty apply to Machines purchased from IBM or an IBM reseller.
Warranty Service:
If you purchase an IBM Machine in Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy,
Latvia, Lithuania, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland or United Kingdom, you may obtain
warranty service for that Machine in any of those countries from either (1) an IBM reseller approved to perform warranty service or (
2) from IBM. If you purchased an IBM Personal Computer Machine in Albania, Armenia, Belarus, Bosnia and Herzegovina, Bulgaria,
Croatia, Czech Republic, Georgia, Hungary, Kazakhstan, Kirghizia, Federal Republic of Yugoslavia, Former Yugoslav Republic of
Macedonia (FYROM), Moldova, Poland, Romania, Russia, Slovak Republic, Slovenia, or Ukraine, you may obtain warranty service for
that Machine in any of those countries from either (1) an IBM reseller approved to perform warranty service or (2) from IBM.
If you purchase an IBM Machine in a Middle Eastern or African country, you may obtain warranty service for that Machine from the
IBM entity within the country of purchase, if that IBM entity provides warranty service in that country, or from an IBM reseller,
approved by IBM to perform warranty service on that Machine in that country. Warranty service in Africa is available within 50
kilometers of an IBM authorized service provider. You are responsible for transportation costs for Machines located outside 50
kilometers of an IBM authorized service provider.
Governing Law:
The applicable laws, that govern, interpret and enforce rights, duties, and obligations of each of us arising from, or relating in an y
manner to, the subject matter of this Statement, without regard to conflict of laws principles, as well as Country-unique terms and
competent court for this Statement are those of the country in which the warranty service is being provided , except that in 1) Alban ia,
Bosnia-Herzegovina, Bulgaria, Croatia, Hungary, Former Yugoslav Republic of Macedonia, Romania, Slovakia, Slovenia, Armenia,
Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan, the laws
of Austria apply; 2) Estonia, Latvia, and Lithuania, the laws of Finland apply; 3) Algeria, Benin, Burkina Faso, Cameroon, Cape
Verde, Central African Republic, Chad, Congo, Djibouti, Democratic Republic of Congo, Equatorial Guinea, France, Gabon, Gambia,
Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Mali, Mauritania, Morocco, Niger, Senegal, Togo, and Tunisia, this Agreement will be
construed and the legal relations between the parties will be determined in accordance with the French laws and all disputes arising out
of this Agreement or related to its violation or execution, including summary proceedings, will be settled exclusively by the
Commercial Court of Paris; 4) Angola, Bahrain, Botswana, Burundi, Egypt Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia,
Malawi, Malta, Mozambique, Nigeria, Oman, Oman Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia,
Tanzania, Uganda, United Arab Emirates, United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe, this Agreement will be
governed by English Law and disputes relating to it will be submitted to the exclusive jurisdiction of the English courts; and 5) in
Greece, Israel, Italy, Portugal, and Spain any legal claim arising out of this Statement will be brought before, and finally settl ed by,
the competent court of Athens, Tel Aviv, Milan, Lisbon, and Madrid, respectively.
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