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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 and 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 purchase 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 any 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) Albania,
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
85
Appendix D. Product warranty and support information
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