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Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of
Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-
Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco, New
Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna;
3)
“the laws of Finland”
in Estonia, Latvia, and Lithuania;
4) “the laws of England”
in Angola,
Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia,
Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi Arabia,
Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West
Bank/Gaza, Yemen, Zambia, and Zimbabwe;
and 5) “the laws of South Africa”
in South Africa,
Namibia, Lesotho and Swaziland.
Jurisdiction: The following exceptions are added to this section:
1)
In Austria
the choice of jurisdiction for all disputes arising out of this Statement of Limited Warranty
and relating thereto, including its existence, will be the competent court of law in Vienna, Austria (Inner-
City); 2)
in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya,
Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao
Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates,
West Bank/Gaza, Yemen, Zambia, and Zimbabwe
all disputes arising out of this Statement of
Limited Warranty or related to its execution, including summary proceedings, will be submitted to the
exclusive jurisdiction of the English courts; 3) in
Belgium
and
Luxembourg
, all disputes arising out of
this Statement of Limited Warranty or related to its interpretation or its execution, the law, and the courts
of the capital city, of the country of your registered office and/or commercial site location only are
competent; 4)
in France, Algeria, Benin, Burkina Faso, Cameroon, Cape Verde, Central African
Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial
Guinea, French Guiana, French
Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast,
Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger,
Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna
all disputes arising out
of this Statement of Limited Warranty or related to its violation or execution, including summary
proceedings, will be settled exclusively by the Commercial Court of Paris; 5)
in Russia
, all disputes
arising out of or in relation to the interpretation, the violation, the termination, the nullity of the
execution of this Statement of Limited Warranty shall be settled by Arbitration Court of Moscow; 6)
in
South Africa, Namibia, Lesotho and Swaziland
, both of us agree to submit all disputes relating to this
Statement of Limited Warranty to the jurisdiction of the High Court in Johannesburg; 7)
in Turkey
all
disputes arising out of or in connection with this Statement of Limited Warranty shall be resolved by the
Istanbul Central (Sultanahmet) Courts and Execution Directorates of Istanbul, the Republic of Turkey; 8)
in each of the following specified countries, any legal claim arising out of this Statement of Limited
Warranty will be brought before, and settled exclusively by, the competent court of a) Athens for
Greece
, b) Tel Aviv-Jaffa for
Israel
, c) Milan for
Italy
, d) Lisbon for
Portugal
, and e) Madrid for
Spain
; and 9)
in the United Kingdom
, both of us agree to submit all disputes relating to this Statement
of Limited Warranty to the jurisdiction of the English courts.
Arbitration:
The following is added under this heading:
In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Georgia,
Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldova, Poland, Romania, Russia,
Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR Yugoslavia
all disputes
arising out of this Statement of Limited Warranty or related to its violation, termination or nullity will be
finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Center of the
Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance with
these rules. The arbitration will be held in Vienna, Austria, and the official language of the proceedings
will be English. The decision of the arbitrators will be final and binding upon both parties. Therefore,
pursuant to paragraph 598 (2) of the Austrian Code of Civil Procedure, the parties expressly waive the
application of paragraph 595 (1) figure 7 of the Code. IBM may, however, institute proceedings in a
competent court in the country of installation.
In Estonia, Latvia and Lithuania
all disputes arising in connection with this Statement of Limited
Warranty will be finally settled in arbitration that will be held in Helsinki, Finland in accordance with
the arbitration laws of Finland then in effect. Each party will appoint one arbitrator. The arbitrators will
then jointly appoint the chairman. If arbitrators cannot agree on the chairman, then the Central Chamber
of Commerce in Helsinki will appoint the chairman.
EUROPEAN UNION (EU)
THE FOLLOWING TERMS APPLY TO ALL EU COUNTRIES: