IBM 8841 - eServer xSeries 236 Installation Manual

Also see for 8841 - eServer xSeries 236: Option installation guide

Contents

post of chairman shall be filled by the president of the SIAC. Other vacancies shallbe filled by the respective nominating party. Proceedings shall continue from thestage they were at when the vacancy occurred.If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 daysof the date the other party appoints its, the first appointed arbitrator shall be thesole arbitrator, provided that the arbitrator was validly and properly appointed.All proceedings shall be conducted, including all documents presented in suchproceedings, in the English language. The English language version of thisStatement of Limited Warranty prevails over any other language version.HONG KONG S.A.R. OF CHINA AND MACAU S.A.R. OF CHINAGoverning Law: The following replaces “laws of the country in which you acquiredthe Machine” in the first sentence:laws of Hong Kong Special Administrative Region of China.INDIALimitation 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 tangiblepersonal property will be limited to that caused by IBM’s negligence; and2. as to any other actual damage arising in any situation involving nonperformanceby IBM pursuant to, or in any way related to the subject of this Statement ofLimited Warranty, the charge paid by you for the individual Machine that is thesubject of the claim. For purposes of this item, the term “Machine” includesMachine Code and Licensed Internal Code (“LIC”).Arbitration: The following is added under this heading:Disputes arising out of or in connection with this Statement of Limited Warrantyshall be finally settled by arbitration which shall be held in Bangalore, India inaccordance with the laws of India then in effect. The arbitration award shall be finaland binding for the parties without appeal and shall be in writing and set forth thefindings of fact and the conclusions of law.The number of arbitrators shall be three, with each side to the dispute being entitledto appoint one arbitrator. The two arbitrators appointed by the parties shall appointa third arbitrator who shall act as chairman of the proceedings. Vacancies in thepost of chairman shall be filled by the president of the Bar Council of India. Othervacancies shall be filled by the respective nominating party. Proceedings shallcontinue 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 daysof the date the other party appoints its, the first appointed arbitrator shall be thesole arbitrator, provided that the arbitrator was validly and properly appointed.All proceedings shall be conducted, including all documents presented in suchproceedings, in the English language. The English language version of thisStatement of Limited Warranty prevails over any other language version.JAPANAppendix B. IBM Statement of Limited Warranty Z125-4753-08 04/2004 63