IBM OPTIONS Ethernet 10/100 Guide De L'utilisateur page 32

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. Les autres vacances seront prises en charge par la Partie
nominante respective. 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 ET MACAO
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.
INDE
Limitation de responsabilité : Le paragraphe suivant remplace les alinéas 1 et 2 de
cet article :
1. des dommages corporels (incluant le décès) ou des dommages aux biens
matériels, immobiliers et mobiliers, du fait de la négligence d'IBM, et
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.
D-6
Cartes serveur Ethernet 10/100 IBM: Guide de l'utilisateur