Reference Guide

Internal Use - Confidential
d. Arbitration shall be administered by either:
i. The American Arbitration Association (AAA), subject to its Consumer Arbitration
Rules, available at [phone] and http://www.adr.org; or
ii. JAMS, subject to the JAMS Comprehensive Arbitration Rules, available at (800)
352-5267 and www.jamsadr.com.
e. The arbitrator shall have exclusive authority to resolve any arbitrability issues including
any dispute over these Terms or this arbitration provision’s scope, application, meaning,
and enforceability. The arbitrator shall be empowered to grant whatever relief would be
available in court. Any award of the arbitrator(s) shall be final and binding and may be
entered as a judgment in any court of competent jurisdiction.
f. You and Dell agree to arbitration only on an individual basis. Neither you nor Dell may
join or consolidate claims of others or participate in any claim as a class representative or
a class member. If any portion of this arbitration agreement is found unenforceable, the
unenforceable portion shall be severed and the remaining arbitration terms shall be
enforced (but in no event will there be a class arbitration). This Paragraph controls over
any inconsistent term in any other agreement.
g. This transaction shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16
(FAA).
US Consumer Terms of Sale (rev. 16AUG2019)
Commercial Terms of Sale
These Commercial Terms of Sale (“CTS”) apply to orders for hardware, software, and services by direct
commercial and public sector purchasers and to commercial end-users who purchase through a reseller
(“Customer”), unless Customer and Suppliers (defined below) have entered into a separate written
agreement that applies to Customer’s orders for specific products or services, in which case, the separate
written agreement governs Customer’s purchase and use of such specific products or services.
The term “Supplier(s)” means, as applicable:
EMC Corporation (“EMC”)
176 South Street
Hopkinton, Massachusetts 01748
and
Dell Marketing L.P. (“Dell”)
One Dell Way
Round Rock, Texas 78682
Legal Notices:
[e-mail]
1. Subject Matter and Parts of CTS.
1.1 Scope. This CTS governs Customer’s procurement and Supplier’s provisioning of Products, Services
and Third Party Products (if applicable) (collectively “Offerings”), for Customer’s own internal use.
1.2 Products and Services. “Products” are either: (i) Supplier-branded IT hardware products