IBM xSeries 235 User Manual
Page 50
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.
PEOPLE’S
REPUBLIC
OF
CHINA
(PRC)
Governing
Law:
The
following
replaces
this
Section:
Both
you
and
IBM
consent
to
the
application
of
the
laws
of
the
State
of
New
York
(except
when
local
law
requires
otherwise)
to
govern,
interpret,
and
enforce
all
your
and
IBM’s
rights,
duties,
and
obligations
arising
from,
or
relating
in
any
manner
to,
the
subject
matter
of
this
Agreement,
without
regard
to
conflict
of
law
principles.
Any
disputes
arising
from
or
in
connection
with
this
Agreement
will
first
be
resolved
by
friendly
negotiations,
failing
which
either
of
us
has
the
right
to
submit
the
dispute
to
the
China
International
Economic
and
Trade
Arbitration
Commission
in
Beijing,
the
PRC,
for
arbitration
in
accordance
with
its
arbitration
rules
in
force
at
the
time.
The
arbitration
tribunal
will
consist
of
three
arbitrators.
The
language
to
be
used
therein
will
be
English
and
Chinese.
An
arbitral
award
will
be
final
and
binding
on
all
the
parties,
and
will
be
enforceable
under
the
Convention
on
the
Recognition
and
Enforcement
of
Foreign
Arbitral
Awards
(1958).
The
arbitration
fee
will
be
borne
by
the
losing
party
unless
otherwise
determined
by
the
arbitral
award.
38
IBM
xSeries
235
Type
8671:
User’s
Guide