NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE
REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH
REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
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 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
www.dell.com/policy/legal/termsofsale.htm.
Governing Law
THE PARTIES AGREE THAT THIS AGREEMENT, THE PURCHASE AND USE OF THE
PRODUCT, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR
FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON
LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL arising from or
relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the
relationships which result from this Agreement, Customer's purchase or use of the Product, Dell's
advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAW.
Binding Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR
OTHERWISE, WHETHER PRE-EXISTING, 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), Customer's purchase or use of the Product, 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 www.arb-forum.com, or
via telephone at 1-800-474-2371). In the event of any inconsistency or conflict between NAF
Code of Procedure and this Agreement, this Agreement shall control. 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. The individual (non-class) nature of this dispute provision goes to the essence of the
parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall
not be enforced. 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)
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Product Information Guide