IBM C400 Mode D'emploi page 77

Jurisdiction: The following exceptions are added to this section:
1) In Austria the choice of jurisdiction for all disputes arising out of this Statement
of Limited Warranty and relating thereto, including its existence, will be the
competent court of law in Vienna, Austria (Inner-City); 2) in Angola, Bahrain,
Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait,
Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda,
Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab
Emirates, West Bank/Gaza, Yemen, Zambia, and Zimbabwe all disputes arising
out of this Statement of Limited Warranty or related to its execution, including
summary proceedings, will be submitted to the exclusive jurisdiction of the English
courts; 3) in Belgium and Luxembourg, all disputes arising out of this Statement
of Limited Warranty or related to its interpretation or its execution, the law, and
the courts of the capital city, of the country of your registered office and/or
commercial site location only are competent; 4) in France, Algeria, Benin, Burkina
Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo
Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, French
Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast,
Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco, New
Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and
Wallis & Futuna all disputes arising out of this Statement of Limited Warranty or
related to its violation or execution, including summary proceedings, will be
settled exclusively by the Commercial Court of Paris; 5) in Russia, all disputes
arising out of or in relation to the interpretation, the violation, the termination, the
nullity of the execution of this Statement of Limited Warranty shall be settled by
Arbitration Court of Moscow; 6) in South Africa, Namibia, Lesotho and
Swaziland, both of us agree to submit all disputes relating to this Statement of
Limited Warranty to the jurisdiction of the High Court in Johannesburg; 7) in
Turkey all disputes arising out of or in connection with this Statement of Limited
Warranty shall be resolved by the Istanbul Central (Sultanahmet) Courts and
Execution Directorates of Istanbul, the Republic of Turkey; 8) in each of the
following specified countries, any legal claim arising out of this Statement of
Limited Warranty will be brought before, and settled exclusively by, the competent
court of a) Athens for Greece, b) Tel Aviv-Jaffa for Israel, c) Milan for Italy, d)
Lisbon for Portugal, and e) Madrid for Spain; and 9) in the United Kingdom, both
of us agree to submit all disputes relating to this Statement of Limited Warranty to
the jurisdiction of the English courts.
Arbitration: The following is added under this heading:
In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia,
Georgia, Hungary, Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldova, Poland,
Romania, Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine,
Uzbekistan, and FR Yugoslavia all disputes arising out of this Statement of
Limited Warranty or related to its violation, termination or nullity will be finally
settled under the Rules of Arbitration and Conciliation of the International Arbitral
Center of the Federal Economic Chamber in Vienna (Vienna Rules) by three
arbitrators appointed in accordance with these rules. The arbitration will be held in
Vienna, Austria, and the official language of the proceedings will be English. The
decision of the arbitrators will be final and binding upon both parties. Therefore,
pursuant to paragraph 598 (2) of the Austrian Code of Civil Procedure, the parties
expressly waive the application of paragraph 595 (1) figure 7 of the Code. IBM
may, however, institute proceedings in a competent court in the country of
installation.In Estonia, Latvia and Lithuania all disputes arising in connection with
this Statement of Limited Warranty will be finally settled in arbitration that will be
held in Helsinki, Finland in accordance with the arbitration laws of Finland then in
effect. Each party will appoint one arbitrator. The arbitrators will then jointly
E-9
Annexe E. IBM Statement of Limited Warranty Z125-4753-08 04/2004