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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.

The English language version of this Agreement prevails over any other language version.

HONG KONG AND MACAU

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.

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;

2. as to any other actual damage arising in any situation involving nonperformance by IBM

pursuant to, or in any way related to the subject of this Statement of Limited Warranty,

IBM’s liability will be limited to the charge paid by you for the individual Machine that is

the subject of the claim.

JAPAN

Governing Law: The following sentence is added to this Section:

Any doubts concerning this Agreement will be initially resolved between us in good faith and

in accordance with the principle of mutual trust.

NEW ZEALAND

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

Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The

Consumer Guarantees Act 1993 will not apply in respect of any goods which IBM provides, if

you require the goods for the purposes of a business 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 the Consumer

Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.

Appendix C. Warranty information 61

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