IBM eServer 130 xSeries User Reference Manual

Also see for eServer 130 xSeries: Configuration and options guide

Contents

Appendix B. Product warranty and notices 127competence and on the validity of the Agreement to submit to arbitration. Thearbitration award shall be final and binding for the parties without appeal and thearbitral award shall be in writing and set forth the findings of fact and the conclusionsof law.All proceedings shall be conducted, including all documents presented in suchproceedings, in the English language. The number of arbitrators shall be three, witheach side to the dispute being entitled to appoint one arbitrator.The two arbitrators appointed by the parties shall appoint a third arbitrator beforeproceeding upon the reference. The third arbitrator shall act as chairman of theproceedings. Vacancies in the post of chairman shall be filled by the president of theICC. Other vacancies shall be filled by the respective nominating party. Proceedingsshall continue 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 days ofthe date the other party appoints its, the first appointed arbitrator shall be the solearbitrator, provided that the arbitrator was validly and properly appointed.The English language version of this Agreement prevails over any other languageversion.HONG KONG AND MACAUGoverning Law: The following replaces "laws of the country in which you acquiredthe Machine" in the first sentence:laws of Hong Kong Special Administrative Region.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;2. 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, IBM’s liability will be limited to the charge paid by you for theindividual Machine that is the subject of the claim.JAPANGoverning Law: The following sentence is added to this Section:Any doubts concerning this Agreement will be initially resolved between us in goodfaith and in accordance with the principle of mutual trust.NEW ZEALANDThe IBM Warranty for Machines: The following paragraph is added to this Section:The warranties specified in this Section are in addition to any rights you may haveunder the Consumer Guarantees Act 1993 or other legislation which cannot beexcluded or limited. The Consumer Guarantees Act 1993 will not apply in respect ofany goods which IBM provides, if you require the goods for the purposes of abusiness 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 theConsumer Guarantees Act 1993, the limitations in this Section are subject to thelimitations in that Act.