IBM xSeries 235 User Manual
Page 49
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.
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
Appendix
B.
Warranty
information
37