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APPLE INC.
REPAIR TERMS AND CONDITIONS
IMPORTANT: WHEN APPLE, AS DESCRIBED IN SECTION 9
BELOW, COVERS SERVICE UNDER WARRANTY OR EXTENDED SERVICE CONTRACT, SUCH AS THE
APPLECARE PROTECTION PLAN, THE TERMS OF THE WARRANTY OR THE EXTENDED SERVICE
CONTRACT WILL GOVERN SERVICE. PLEASE READ THESE REPAIR TERMS AND CONDITIONS
CAREFULLY IF APPLE DOES NOT COVER SERVICE (NON-COVERED SERVICE).
- Service. Apple will service your Apple product as described to
you for the estimated charges stated (unless such charges are revised with
your prior oral or written consent). As part of the service Apple may provide
both parts and labor, but may direct that you replace certain readily installable
parts yourself, as described below. In servicing your product, Apple may use new,
used or refurbished parts or products. Apple will retain the replaced part or
product that is exchanged under service as its property, and the replacement
part or product will become your property. Replaced parts and products are
generally repairable and are exchanged or repaired by Apple for value. If
applicable law requires Apple to return a replaced item to you, you agree
to pay Apple the additional cost of the replacement item.
- Service Options. Apple may facilitate service through one or more
of the following options:
(i) Direct mail-in service. If Apple determines that
your product is eligible for mail-in service, Apple will send you prepaid way bills
(and if you no longer have the original packaging, Apple may send you packaging
material) and you will ship the product to Apple's repair service location in
accordance with Apple's instructions. Once service is complete, the Apple repair
service location will return the repaired product or provide a replacement
product to you. Apple will pay for shipping to and from your location if all
instructions are followed.
(ii) Do-It-Yourself Parts service allows you to service your own product. If
Do-It-Yourself Parts service is available in the circumstances, Apple will ship
you a replacement part accompanied by instructions on installation and any
requirements for the return of the replaced part. If you fail to return the
replaced part as instructed, you will be charged a non-return fee as agreed by
you at the time you authorized service. When Apple does not require the return
of the replaced part, Apple will ship you a replacement part accompanied by
instructions on installation and any requirements for the disposal of the
replaced part. Apple is not responsible for any labor costs relating to
Do-It-Yourself Parts service.
- Service Exclusions and Diagnostic Fee. Apple may charge you a diagnostic
fee including shipping charges, of no more than one hundred ($100) dollars US,
("Diagnostic Fee"), plus applicable tax, if Apple inspects your product and
determines based on the inspection that the product does not require service.
If Apple determines, while inspecting your product, that service is needed
due to the failure of parts that are neither supplied by Apple nor Apple-branded,
Apple may return the product to you without servicing it, and may charge you
the Diagnostic Fee plus applicable sales tax. If service requires additional
labor or parts that were not specified in the estimated charges, Apple will
ask for your approval of a revised estimate. If you do not agree that Apple
may revise the estimated charges, Apple will return your product and may
charge you the Diagnostic Fee plus applicable sales tax. Apple reserves the
right to refuse service on products that have serial numbers altered, defaced
or removed or that are damaged due to accident, abuse, neglect, misuse
(including faulty installation, repair, or maintenance by anyone other than
Apple or an Apple Authorized Service Provider), unauthorized modification,
extreme environment (including extreme temperature or humidity), extreme
physical or electrical stress or interference, fluctuation or surges of
electrical power, lightning, static electricity, fire, acts of God or other
external causes. In such event, Apple may return the product to you without
servicing it, and may charge you the Diagnostic Fee, plus applicable tax.
- Payment. Unless your service is covered by Apple's warranty or
extended service contract without charge to you, you will pay the estimated
charges stated when you authorized service. Your payment is due when the
product is returned or a replacement product is provided to you. The
estimated charges include all parts, labor, and shipping required for
service, plus applicable tax.
- Transfer or Installation Services. Unless otherwise agreed, Apple will
not cover any defects or damage to any software or data residing or recorded
in your product. If service involves transferring information or installing
software, you represent that you have the legal right to copy the information
and agree to the terms of the software license, and you authorize Apple to
transfer the information and accept such terms on your behalf in performing
the service.
- Abandoned Product. Unless you provide alternative instructions, Apple will
ship your repaired or replacement product to the mailing address you furnished
when you authorized service. If your product is returned to Apple because
delivery could not be completed at the address given, Apple will attempt to
contact you for an alternative mailing address. If you do not provide an
address at which Apple or its agent may deliver your product within sixty (60)
days after the original delivery attempt, Apple will notify you that it
considers your product to be abandoned. Apple will send notice to the mailing
address you furnished when you authorized service. In the event that your
product is abandoned, Apple may dispose of your product in accordance with
applicable provisions of law, and, specifically, may sell your product at a
private or public sale to pay for any outstanding service performed. Apple
reserves its statutory and any other lawful liens for unpaid charges.
- Warranty, In servicing your product, Apple warrants (1) that service will be
performed in a workmanlike manner and (2) that all parts or products used in the
service will be free from defects in materials and workmanship for ninety (90)
days from the date of service. This warranty is an express limited warranty.
If non-conforming service is provided or a defect arises in a replacement part
or product during the ninety (90) day warranty period, at its option, Apple will
(1) repair the part or product, using new, used or refurbished replacement parts,
or (2) replace the part or product with a new, used or refurbished equivalent part
or product, or (3) refund the sums paid to Apple for the service.
THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES,
AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE
SERVICE AND PARTS OR PRODUCTS PROVIDED. APPLE SPECIFICALLY DISCLAIMS ANY AND ALL
IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF APPLE
CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL
SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED
WARRANTY.
Some states, provinces and jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages or exclusions or limitations on the duration
of implied warranties or conditions, so these limitations or exclusions may not
apply to you. The express limited warranty gives you specific legal rights, and
you may also have other rights that vary by state, province or jurisdiction.
FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR
COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE TERMS AND CONDITIONS ARE IN
ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND
REGULATIONS.
- Limitation of Liability. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN
APPLE'S CUSTODY, APPLE'S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR
REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE APPLE'S ENTIRE LIABILITY TO YOU
FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF
YOUR PRODUCT, WHETHER DUE TO APPLE'S NEGLIGENCE OR TO ANY OTHER REASON, IS
LIMITED TO THE AMOUNTS THAT YOU PAY APPLE FOR SUCH SERVICE. APPLE HAS NO
LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES,
SUCH AS LOST PROFITS OR REVENUE. APPLE HAS NO LIABILITY FOR LOSS OF OR DAMAGE
TO DATA OR SOFTWARE APPLICATIONS WHILE PERFORMING SERVICE. YOUR ONLY REMEDY UNDER
THE REPAIR TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST APPLE IN
AN AMOUNT NOT TO EXCEED WHAT YOU PAID APPLE FOR THE SERVICE.
- Availability of Service; Apple. Service under these Repair Terms and Conditions
is offered and valid only to residents located in the fifty states of the United
States of America, the District of Columbia and Canada. Service under these Repair
Terms and Conditions is not available where prohibited by law and is offered in the
United States of America by Apple Inc., 1 Infinite Loop, Cupertino, CA
95014, U.S and in Canada by Apple Canada Inc., 7495 Birchmount Road, Markham,
Ontario, L3R 5G2, Canada.
- Data Protection. You agree and understand that it is necessary for Apple to collect,
process and use your data in order to perform the service obligations under these Repair
Terms and Conditions. Apple will protect your information in accordance with Apple Customer
Privacy Policy available at URL www.apple.com/legal/privacy. If you wish to have access to
the information that Apple holds concerning you or if you want to make changes, access
URL www.apple.com/contact/myinfo to update your personal contact preferences.
- Subcontractors. Apple may subcontract with other service providers for the service of
your product.
- Governing Law. Without regard to its conflict of law provisions, the laws of the
state of California govern these Repair Terms and Conditions for residents of the United States
of America and the laws of the province of Ontario govern these Repair Terms and Conditions for
residents of Canada.
- Conflict of Terms; Services in English. In the event of a conflict between different
translations of these terms, the English translation will prevail. Certain support services and
related documents may be available in English only.
- Complete Agreement; Severability; Force Majeure. These terms and conditions govern
Apple's service obligation. No other oral or written terms or conditions apply, including ones in
any purchase order that you provide to Apple. Apple does not authorize any variance or modification
of these Repair Terms and Conditions. If any provision of these Repair Terms and Conditions is held
to be illegal or unenforceable, that provision will be deemed to have never been part of the Repair
Terms and Conditions, and the remaining terms and conditions will continue to be enforceable. Apple
is not responsible for any failures or delays in performing Service that are due to events outside
Apple's reasonable control.
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