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 accordancewith 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 and which is undergoing arbitration.
EUROPE, MIDDLE EAST, AFRICA (EMEA)
THE FOLLOWING TERMS APPLY TO ALL EMEACOUNTRIES: 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 purchase 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 any manner to, the subject matter of this Statement, without regard
to conflict of laws principles, as well as Country-unique terms and competent court for this Statement are
those of the country in which the warranty service is being provided, except that in 1) Albania,
Bosnia-Herzegovina, Bulgaria, Croatia, Hungary, FormerYugoslav Republic of Macedonia, Romania,
Slovakia, Slovenia, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia,
Tajikistan, Turkmenistan,Ukraine, and Uzbekistan, the laws of Austria apply; 2) Estonia, Latvia, and
Lithuania, the laws of Finland apply; 3) Algeria, Benin, Burkina Faso, Cameroon, Cape Verde,Central
African Republic, Chad, Congo, Djibouti, Democratic Republic of Congo, Equatorial Guinea, France,
Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Mali, Mauritania, Morocco, Niger, Senegal,
Togo, and Tunisia,this Agreement will be construed and the legal relations between the parties will be
determined in accordance with the French laws and all disputes arising out of this Agreement or related
to its violation or execution, including summary proceedings, will be settled 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, 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
AppendixD. Warranty information D-7