IBM Travel Wheel Mouse User Manual page 7

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:
liability for bodily injury (including death) or damage to real property and tangible personal
property will be limited to that caused by IBM's negligence;
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.