IBM 172319X Installation Guide - Page 69

Governing, CAMBODIA, CAMBODIA, INDONESIA, Arbitration, S.A.R., INDIA

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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 AND LAOS 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, United States of America CAMBODIA, INDONESIA AND LAOS Arbitration: The following is added under this heading: Disputes arising out of or in connection with this Statement of Limited Warranty shall be finally settled by arbitration which shall be held in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules") then in effect. The 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. As applies to transactions initiated and performed in Hong Kong S.A.R., phrases throughout this Agreement containing the word "country" (for example, "country of purchase" and "country of Installation") are replaced with "Hong Kong S.A.R." INDIA Appendix B. IBM Statement of Limited Warranty Z125-4753-10 08/2008 59

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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
AND
LAOS
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,
United
States
of
America
CAMBODIA,
INDONESIA
AND
LAOS
Arbitration:
The
following
is
added
under
this
heading:
Disputes
arising
out
of
or
in
connection
with
this
Statement
of
Limited
Warranty
shall
be
finally
settled
by
arbitration
which
shall
be
held
in
Singapore
in
accordance
with
the
Arbitration
Rules
of
Singapore
International
Arbitration
Center
(“SIAC
Rules”)
then
in
effect.
The
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.
As
applies
to
transactions
initiated
and
performed
in
Hong
Kong
S.A.R.,
phrases
throughout
this
Agreement
containing
the
word
“country”
(for
example,
“country
of
purchase”
and
“country
of
Installation”)
are
replaced
with
“Hong
Kong
S.A.R.”
INDIA
Appendix
B.
IBM
Statement
of
Limited
Warranty
Z125-4753-10
08/2008
59