IBM THINKPAD R40 User Manual page 74

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
62
®
ThinkPad R40 Series Service and Troubleshooting Guide