Appendix A. Product warranties and notices
43
competence and on the validity of the Agreement to submit to arbitration. The
arbitration award shall be final and binding for the parties without appeal and the
arbitral award shall be in writing and set forth the findings of fact and the conclusions
of law.
All proceedings shall be conducted, including all documents presented in such
proceedings, in the English language. 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 before
proceeding upon the reference. The third arbitrator shall act as chairman of the
proceedings. Vacancies in the post of chairman shall be filled by the president of the
ICC. 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.
The English language version of this Agreement prevails over any other language
version.
HONG KONG AND MACAU
Governing Law:
The following replaces "laws of the country in which you acquired
the Machine" in the first sentence:
laws of Hong Kong Special Administrative Region.
INDIA
Limitation of Liability:
The following replaces items 1 and 2 of this Section:
1.
liability for bodily injury (including death) or damage to real property and tangible
personal property will be limited to that caused by IBM’s negligence;
2.
as to any other actual damage arising in any situation involving nonperformance
by IBM pursuant to, or in any way related to the subject of this Statement of Lim-
ited Warranty, IBM’s liability will be limited to the charge paid by you for the individ-
ual Machine that is the subject of the claim.
JAPAN
Governing Law:
The following sentence is added to this Section:
Any doubts concerning this Agreement will be initially resolved between us in good
faith and in accordance with the principle of mutual trust.
NEW ZEALAND
The IBM Warranty for Machines:
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 Consumer Guarantees Act 1993 or other legislation which 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.
