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 Trade
Practices Act 1974 or other similar legislation and are only limited to the extent permitted by the
applicable legislation.
Limitation of Liability: The following is added to this Section:
Where IBM is in breach of a condition or warranty implied by the Trade Practices Act 1974 or other
similar legislation, IBM's liability is limited to the repair or replacement of the goods or the supply of
equivalent goods. Where that condition or warranty relates to right to sell, quiet possession or clear title,
or the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption,
then none of the limitations in this paragraph apply.
Governing Law: The following replaces "laws of the country in which you acquired the Machine" in the first
sentence:
laws of the State or Territory.
CAMBODIA, LAOS, AND VIETNAM
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.
CAMBODIA, INDONESIA, LAOS, AND VIETNAM
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 Singapore in accordance with the Arbitration Rules of Singapore
International Arbitration Center ("SIAC Rules") 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
SIAC. Other vacancies shall be filled by the respective nominating party. Proceedings shall 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 of the date the other
party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator
was validly and properly appointed.
All proceedings shall be conducted, including all documents presented in such proceedings, in the
English language. The English language version of this Statement of Limited Warranty prevails over any
other language version.
HONG KONG S.A.R. OF CHINA AND MACAU S.A.R. OF CHINA
Governing Law: The following replaces "laws of the country in which you acquired the Machine" in the first
sentence:
laws of Hong Kong Special Administrative Region of China.
INDIA
Limitation 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 tangible personal property
will be limited to that caused by IBM's negligence; and
E-5
Apéndice E. IBM Statement of Limited Warranty - Z125-4753-07 - 11/2002