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
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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