ASIA PACIFIC
AUSTRALIA
The 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 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.
The following is added to this Section:
Disputes and differences arising out of or in connection with this Agreement shall be finally
settled by arbitration which shall be held in Singapore in accordance with the rules of the
International Chamber of Commerce (ICC). The arbitrator or arbitrators designated in
conformity with those rules shall have the power to rule on their own competence and on the
validity of the Agreement to submit to arbitration. The arbitration award shall be final and
binding for the parties without appeal and the arbitral award shall be in writing and set forth
the findings of fact and the conclusions of law.
All proceedings shall be conducted, including all documents presented in such proceedings, in
the English language. 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 before proceeding
upon the reference. The third arbitrator shall act as chairman of the proceedings. Vacancies in
the post of chairman shall be filled by the president of the ICC. Other vacancies shall be filled
by the respective nominating party. Proceedings shall continue from the stage they were at
when the vacancy occurred.
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T40 Series Service and Troubleshooting Guide
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