NORTH AMERICA
How to Obtain Warranty Service: The following is added to this Section:
To obtain warranty service from IBM in Canada or the United States, call
CANADA
Limitation of Liability: The following replaces item 1 of this section:
1.damages for bodily injury (including death) or physical harm to real property and tangible personal property caused by IBM's negligence; and
Governing Law: The following replaces “laws of the country in which you acquired the Machine” in the first sentence:
laws in the Province of Ontario.
UNITED STATES
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.
ASIA PACIFIC
AUSTRALIA
What this Warranty Covers: The following paragraph is added to this section:
The warranties specified in this Section are in addition to any rights you may have under the Trade Practices Act 1974 or other similar legislation and are only limited to the extent permitted by the applicable legislation.
Limitation of Liability: The following is added to this section:
Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974 or other similar legislation, IBM's liability is limited to the repair or 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, LAOS, AND VIETNAM
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, LAOS, AND VIETNAM
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.
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