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PEOPLE'S REPUBLIC OF CHINA (PRC)
Governing Law: The following is 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 binding on all the parties,
and will be enforceable under the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards (1958).
The arbitration fee will be borne by the losing party unless otherwise
determined by the arbitral award. During the course of arbitration, this
Agreement will continue to be performed except for the part which the
parties are disputing an d which is undergoing arbitration.
EUROPE, MIDDLE EAST, AFRICA (EMEA)
THE FOLLOWING TERMS APPLY TO ALL EMEA COUNTRIES.
The terms of this Statement of Limited Warranty apply to Machines
purchased from IBM or an IBM reseller.
Warranty Service:
If you purchase an IBM Machine in Austria, Belgium, Denmark, Estonia,
Finland, France, Germany, Greece, Iceland, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland or
United Kingdom, you may obtain warranty service for that Machine in any
of those countries from either (1) an IBM reseller approved to perform
warranty service or ( 2) from IBM. If you purchased an IBM Personal
Computer Machine in Albania, Armenia, Belarus, Bosnia and Herzegovina,
Bulgaria, Croatia, Czech Republic, Georgia, Hungary, Kazakhstan,
Kirghizia, Federal Republic of Yugoslavia, Former Yugoslav Republic of
Macedonia (FYROM), Moldova, Poland, Romania, Russia, Slovak
Republic, Slovenia, or Ukraine, you may obtain warranty service for that
Machine in any of those countries from either (1) an IBM reseller approved
to perform warranty service or (2) from IBM.
If you purchase an IBM Machine in a Middle Eastern or African country,
you may obtain warranty service for that Machine from the IBM entity
within the country of purchase, if that IBM entity provides warranty service
in that country, or from an IBM reseller, approved by IBM to perform
warranty service on that Machine in that country. Warranty service in
Africa is available within 50 kilometers of an IBM authorized service
provider. You are responsible for transportation costs for Machines located
outside 50 kilometers of an IBM authorized service provider.
Governing Law:
The applicable laws, that govern, interpret and enforce rights, duties, and
obligations of each of us arising from, or relating in an y manner to, the
subject matter of this Statement, without regard to conflict of laws
principles, as well as Country-unique terms and competent court for this
Statement are those of the country in which the warranty service is being
provided , except that in 1) Alban ia, Bosnia-Herzegovina, Bulgaria,
Croatia, Hungary, Former Yugoslav Republic of Macedonia, Romania,
Slovakia, Slovenia, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan,
Kyrgyzstan, Moldava, Russia, Tajikistan, Turkmenistan, Ukraine, and
Uzbekistan, the laws of Austria apply; 2) Estonia, Latvia, and Lithuania, the
laws of Finland apply; 3) Algeria, Benin, Burkina Faso, Cameroon, Cape
Verde, Central African Republic, Chad, Congo, Djibouti, Democratic
Republic of Congo, Equatorial Guinea, France, Gabon, Gambia, Guinea,
Guinea-Bissau, Ivory Coast, Lebanon, Mali, Mauritania, Morocco, Niger,
Senegal, Togo, and Tunisia, this Agreement will be construed and the legal
relations between the parties will be determined in accordance with the
French laws and all disputes arising out of this Agreement or related to its
violation or execution, including summary proceedings, will be settled
exclusively by the Commercial Court of Paris; 4) Angola, Bahrain,
Botswana, Burundi, Egypt Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait,
Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Oman Pakistan,
Qatar, Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania,
Uganda, United Arab Emirates, United Kingdom, West Bank/Gaza, Yemen,
Zambia, and Zimbabwe, this Agreement will be governed by English Law
and disputes relating to it will be submitted to the exclusive jurisdiction of
the English courts; and 5) in Greece, Israel, Italy, Portugal, and Spain any
legal claim arising out of this Statement will be brought before, and finally
settl ed by, the competent court of Athens, Tel Aviv, Milan, Lisbon, and
Madrid, respectively.
THE FOLLOWING TERMS APPLY TO THE COUNTRY
SPECIFIED:
AUSTRIA and GERMANY
The IBM Warranty for Machines The following replaces the first sentence
of the first paragraph of this Section:
The warranty for an IBM Machine covers the functionality of the Machine
for its normal use and the Machine s conformity to its Specifications.
The following paragraphs are added to this Section:
The minimum warranty period for Machines is six months. In case IBM or
your reseller is unable to repair an IBM Machine, you can alternatively ask
for a partial refund as far as justified by the reduced value of the unrepaired
Machine or ask for a cancellation o f the respective agreement for such
Machine and get your money refunded.
Extent of Warranty: The second paragraph does not apply.
Warranty Service: The following is added to this Section:
During the warranty period, transportation for delivery of the failing
Machine to IBM will be at IBM s expense.
Limitation of Liability: The following paragraph is added to this Section:
The limitations and exclusions specified in the Statement of Limited
Warranty will not apply to damages caused by IBM with fraud or gross
negligence and for express warranty.
The following sentence is added to the end of the first paragraph of item 2:
IBM's liability under this item is limited to the violation of essential
contractual terms in cases of ordinary negligence.
EGYPT
Limitation of Liability: The following replaces item 2 in this Section:
as to any other actual direct damages, IBM s liability will be limited to the
total amount you paid for the Machine that is the subje ct of the claim. For
purposes of this item, the term "Machine" includes Machine Code and
Licensed Internal Code.
Applicability of suppliers and resellers (unchanged).
FRANCE
Limitation of Liability: The following replaces the second sentence of the
first paragraph of this Section:
In such instances, regardless of the basis on which you are entitled to claim
damages from IBM, IBM is liable for no more than: (items 1 and 2
unchanged).
IRELAND
Extent of Warranty: The following is added to this Section:
Except as expressly provided in these terms and conditions, all statutory
conditions, including all warranties implied, but without prejudice to the
generality of the foregoing all warranties implied by the Sale of Goods Act
1893 or the Sale of Goods and Supply of Services Act 1980 are hereby
excluded.
Limitation of Liability: The following replaces items one and two of the
first paragraph of this Section:
1. death or personal injury or physical damage to your real property
solely caused by IBM s negligence; and
2. the amount of any other actual direct damages, up to 125 percent of
the charges (if recurring, the 12 months' charges apply) for the
Machine that is the subject of the claim or which otherwise gives rise
to the claim.
Applicability of suppliers and resellers (unchanged).
The following paragraph is added at the end of this Section:
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