Part 2 - Country-Unique Terms; Asia Pacific; Australia; Cambodia, Laos, And Vietnam - IBM NetVista 6049 Manual

IBM NetVista
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

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.
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