44
IBM xSeries 232: Installation Guide
PEOPLE’S REPUBLIC OF CHINA (PRC)
Governing Law:
The following 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 and 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 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, Former Yugoslav Republic of Macedonia, Romania,
