IBM 48X User Manual page 39

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:
1. 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;
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 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
Appendix D. Product warranty and support information
29