JAPAN
Governing
Law:
The
following
sentence
is
added
to
this
section:
Any
doubts
concerning
this
Statement
of
Limited
Warranty
will
be
initially
resolved
between
us
in
good
faith
and
in
accordance
with
the
principle
of
mutual
trust.
MALAYSIA
Limitation
of
Liability:
The
word
“SPECIAL”
in
item
3
of
the
fifth
paragraph
is
deleted.
NEW
ZEALAND
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
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.
PEOPLE’S
REPUBLIC
OF
CHINA
(PRC)
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
(except
when
local
law
requires
otherwise).
PHILIPPINES
Limitation
of
Liability:
Item
3
in
the
fifth
paragraph
is
replaced
by
the
following:
SPECIAL
(INCLUDING
NOMINAL
AND
EXEMPLARY
DAMAGES),
MORAL,
INCIDENTAL,
OR
INDIRECT
DAMAGES
FOR
ANY
ECONOMIC
CONSEQUENTIAL
DAMAGES;
OR
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
Metro
Manila,
Philippines
in
accordance
with
the
laws
of
the
Philippines
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
Philippine
Dispute
Resolution
Center,
Inc.
Other
vacancies
shall
be
filled
by
the
respective
nominating
party.
Proceedings
shall
continue
from
the
stage
they
were
at
when
the
vacancy
occurred.
Appendix
B.
IBM
Statement
of
Limited
Warranty
Z125-4753-07
11/2002
89
Summary of Contents for eServer 445 xSeries
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