Dell XXX - Manuel (Page 8)

8 Product Information Guide
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RESPONSIBLE FOR REPRESENTATIONS OR OMISSIONS MADE
BY A THIRD PARTY.
10 Applicable Law; Not For Resale or Export.
You agree to comply with all applicable laws and regulations of the various
states and of the United States. You agree and represent that you are buying
only for your own internal use only, and not for resale or export. Dell has
separate terms and conditions governing resale of Product by third parties
and transactions outside the United States. Terms and conditions for resale
are located at:
http://www.dell.com/policy/legal/termsofsale.htm.
11 Governing Law.
THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT
REGARD TO CONFLICTS OF LAWS RULES.
12 Headings.
The section headings used herein are for convenience of reference only and
do not form a part of these terms and conditions, and no construction or
inference shall be derived there from.
13 Binding Arbitration.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING,
PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON
LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN
CUSTOMER AND DELL, its agents, employees, principals, successors,
assigns, affiliates (collectively for purposes of this paragraph, "Dell") arising
from or relating to this Agreement, its interpretation, or the breach,
termination or validity thereof, the relationships which result from this
Agreement (including, to the full extent permitted by applicable law,
relationships with third parties who are not signatories to this Agreement),
Dell's advertising, or any related purchase SHALL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF)
under its Code of Procedure then in effect (available via the Internet at
http://www.arb-forum.com
, or via telephone at 1-800-474-2371). The
arbitration will be limited solely to the dispute or controversy between
customer and Dell. NEITHER CUSTOMER NOR DELL SHALL BE
ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST
OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A
REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE
ATTORNEY GENERAL CAPACITY. This transaction involves interstate
commerce, and this provision shall be governed by the Federal Arbitration
Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final
and binding on each of the parties, and may be entered as a judgment in
any court of competent jurisdiction. Dell will be responsible for paying any
arbitration filing fees and fees required to obtain a hearing to the extent
such fees exceed the amount of the filing fee for initiating a claim in the
court of general jurisdiction in the state in which you reside. Each party