Lenovo Y400 User Manual page 13

Disputes arising out of or in connection with this Agreement shall be finally settled by arbitration
which shall be held in Metro Manila, Philippines in accordance with the laws of the Philippines
then in effect. The arbitration award shall be final and binding for the parties without appeal and
shall be in writing and set forth the findings of fact and the conclusions of law.
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 who shall
act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the
president of the Philippine Dispute Resolution Center, Inc. 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.
All proceedings shall be conducted, including all documents presented in such proceedings, in the
English language. The English language version of this Agreement prevails over any other
language version.
SINGAPORE: Limitation of Liability (Section 4):
The words "SPECIAL" and "ECONOMIC" are deleted from item 2 of the third paragraph.
General (Section 5): The following replaces the terms of item 6:
Subject to the rights provided to Lenovo's suppliers and Program developers as provided in
Section 4 above (Limitation of Liability), a person who is not a party to this Agreement shall have
no right under the Contracts (Right of Third Parties) Act to enforce any of its terms.
Europe, Middle East, Africa (EMEA)
No Warranty (Section 3):
In the European Union, the following is added at the beginning of this section:
In the European Union, consumers have legal rights under applicable national legislation
governing the sale of consumer goods. Such rights are not affected by the provisions of this
Section 3.
Limitation of Liability (Section 4):
In Austria, Denmark, Finland, Greece, Italy, Netherlands, Norway, Portugal, Spain, Sweden and
Switzerland, the following replaces the terms of this section in its entirety:
Except as otherwise provided by mandatory law:
1. Lenovo'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 agreement or due to any other
cause related to this agreement 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 Lenovo is at fault) or of such cause, for a maximum
amount equal to the charges You paid for the Program.
The above limitation shall not apply to damages for bodily injuries (including death) and
damages to real property and tangible personal property for which Lenovo is legally liable.
2. UNDER NO CIRCUMSTANCES IS LENOVO, OR ANY OF ITS PROGRAM DEVELOPERS,
LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1)
LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR
ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE
AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES;
OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
3. The limitation and exclusion of liability herein agreed applies not only to the activities
performed by Lenovo but also to the activities performed by its suppliers and Program
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Preface