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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 SIAC. 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 Statement of Limited Warranty prevails over any other
language version.
HONG KONG S.A.R. OF CHINA AND MACAU S.A.R. OF CHINA
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 of China.
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; and
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, , the charge paid by
Appendix C. IBM Statement of Limited Warranty - Z125-4753-07 - 11/2002
C-9
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