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IBM Rack Power Distribution Unit Installation And Maintenance Manual page 33

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Limitation of Liability: The following is added to this Section:
Where IBM is in breach of a condition or warranty implied by the Trade Practices Act
1974 or other similar legislation, IBM's liability is limited to the repair or replacement of
the goods or the supply of equivalent goods. Where that condition or warranty relates
to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily
acquired for personal, domestic or household use or consumption, then none of the
limitations in this paragraph apply.
Governing Law: The following replaces "laws of the country in which you acquired
the Machine" in the first sentence:
laws of the State or Territory.
CAMBODIA, LAOS, AND VIETNAM
Governing Law: The following replaces "laws of the country in which you acquired
the Machine" in the first sentence:
laws of the State of New York.
The following is added to this Section:
Disputes and differences arising out of or in connection with this Agreement shall be
finally settled by arbitration which shall be held in Singapore in accordance with the
rules of the International Chamber of Commerce (ICC). The arbitrator or arbitrators
designated in conformity with those rules shall have the power to rule on their own
competence and on the validity of the Agreement to submit to arbitration. The
arbitration award shall be final and 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:
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
Appendix A. Warranty information
23

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