IBM NetVista
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 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.
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