IBM 17233RX User Manual - Page 37

Incidental

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cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods which IBM provides, if you require the goods for the purposes of a business as defined in that Act. Limitation of Liability: The following is added to this section: Where Machines are not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this section are subject to the limitations in that Act. PEOPLE'S REPUBLIC OF CHINA (PRC) 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 (except when local law requires otherwise). PHILIPPINES Limitation of Liability: Item 3 in the fifth paragraph is replaced by the following: SPECIAL (INCLUDING NOMINAL AND EXEMPLARY DAMAGES), MORAL, INCIDENTAL, OR INDIRECT DAMAGES FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR 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 Metro Manila, Philippines in accordance with the laws of the Philippines 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 Philippine Dispute Resolution Center, Inc.. 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. Appendix C. IBM Statement of Limited Warranty - Z125-4753-07 - 11/2002 23

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cannot
be
excluded
or
limited.
The
Consumer
Guarantees
Act
1993
will
not
apply
in
respect
of
any
goods
which
IBM
provides,
if
you
require
the
goods
for
the
purposes
of
a
business
as
defined
in
that
Act.
Limitation
of
Liability:
The
following
is
added
to
this
section:
Where
Machines
are
not
acquired
for
the
purposes
of
a
business
as
defined
in
the
Consumer
Guarantees
Act
1993,
the
limitations
in
this
section
are
subject
to
the
limitations
in
that
Act.
PEOPLE’S
REPUBLIC
OF
CHINA
(PRC)
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
(except
when
local
law
requires
otherwise).
PHILIPPINES
Limitation
of
Liability:
Item
3
in
the
fifth
paragraph
is
replaced
by
the
following:
SPECIAL
(INCLUDING
NOMINAL
AND
EXEMPLARY
DAMAGES),
MORAL,
INCIDENTAL,
OR
INDIRECT
DAMAGES
FOR
ANY
ECONOMIC
CONSEQUENTIAL
DAMAGES;
OR
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
Metro
Manila,
Philippines
in
accordance
with
the
laws
of
the
Philippines
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
Philippine
Dispute
Resolution
Center,
Inc..
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.
Appendix
C.
IBM
Statement
of
Limited
Warranty
-
Z125-4753-07
-
11/2002
23