These are the Terms and Conditions governing the repair of your product by Apple Retail UK Limited (“Apple”).
- Apple will repair your product as described and for the charges shown on the repair request form (unless such charges are revised with your oral or written consent). When the product is covered by warranty or an extended service contract, such the AppleCare Protection Plan, Apple will perform repairs under the terms of the warranty or the extended service contract, provided that you have presented satisfactory proof of the product’s eligibility for such repairs. You will be responsible for any additional charges applicable under your product’s warranty or extended service contract described on the reverse side, including any applicable value added tax. Apple may sub-contract with other service providers for the repair of your product.
- Unless your product is repaired under warranty or extended service contract without charge, you will pay Apple the amount shown on the reverse side. Your payment is due when the product is returned to you. Unless specified, the estimated amount includes all parts, labour, and certain transportation required for the repair of the product plus any applicable value added tax. Apple may hold you responsible for the diagnostic fee on the reverse side, plus any applicable value added tax, if Apple inspects your product, provides an estimate for you, and you do not authorise Apple to undertake the repairs for the estimated charges. If Apple determines, while inspecting your product, that repairs are needed due to failures of parts that are neither supplied by Apple nor Apple branded or are needed due to damage caused by abuse, misuse or misapplication, Apple reserves the right to return the product to you without repairing it, and will hold you responsible for the diagnostic fee on the reverse side, plus any applicable value added tax.
- If the requested repairs require labour and/or parts not specified on the reverse side, Apple may seek your approval of a revised estimate. If you do not agree that Apple may revise the charges, Apple may return your product and hold you responsible for the diagnostic fee shown on the reverse side, plus any applicable value added tax.
- If repairing your product under your product’s warranty or extended service contract, Apple may use new, used or reconditioned parts, if permitted by the terms. If repairing parts outside of warranty or extended service contract, Apple may use new, used or reconditioned parts. Apple will retain the replaced part that is exchanged under repair service as its property, and the replacement part will become your property. Replaced parts are generally repairable and exchanged or repaired by Apple for value. If applicable law requires Apple to return a replaced part to you, you agree to pay Apple the additional cost of the replacement item.
- If Apple repairs your product under warranty or extended service contract, the repairs will be covered solely by the terms of the warranty or extended service contract and applicable provisions of law. If your product is repaired outside of warranty, Apple warrants (1) that the repairs will be performed in a competent and workmanlike manner and (2) that all parts used to repair your product will be free from defects in materials and workmanship for a period of ninety (90) days, unless otherwise specified by Apple. The warranty on parts is an express limited warranty. If a defect exists in a replacement part during the part’s warranty period, at its option, Apple will (1) repair the part, using new, used or reconditioned replacement parts, (2) replace the part with a new, used or reconditioned equivalent part, or (3) refund the fair market value of the part, as determined by Apple.
- For the purposes of this clause, “Consumer” means a customer acting otherwise than in the course of a business.
- If you are a Consumer, nothing in these Terms and Conditions shall limit or exclude Apple’s liability for breach of any term implied by statute, and your rights under statute are not affected by these Terms and Conditions.
- If you are not a Consumer:
- These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the repair of your products and performance of the services;
- There are no warranties, conditions or other terms that are binding on Apple except as expressly stated in these Terms and Conditions; and
- Any warranty, condition or other term concerning the repair of the products or the services that might otherwise be implied into or incorporated in these Terms and Conditions by statute, common law or otherwise (including without limitation any implied term as to satisfactory quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.
- Nothing in these Terms and Conditions shall limit or exclude Apple’s liability for death or personal injury caused by Apple’s negligence or for fraud.
- Subject to clause 6.4, Apple will not be liable under these Terms and Conditions for any loss of income, loss of profits, loss of contracts, loss of or damage to data or software applications, or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
- Subject to clause 6.4, 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.
- Subject to clause 6.4 and clause 6.6, Apple’s maximum aggregate liability under these Terms and Conditions whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to Apple in respect of the repair in question.
- If repair 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 licence, and you authorise Apple to transfer the information and accept such terms on your behalf in performing the service.
- If you have not claimed your product and paid all charges due after being notified in writing that your product has been repaired, Apple will notify you again in writing that it will consider your product abandoned if you do not claim your product and pay all charges within the stipulated period. Apple will provide such notice to you at the postal address you provided when you authorised the repair. If you fail to claim your product within the stipulated period, Apple may then commence disposal of your product in accordance with applicable provisions of law and specifically, may sell your product at a private or public sale. Apple reserves its statutory and any other lawful liens for unpaid charges.
- These Terms and Conditions are governed by the laws of England and Wales and all claims must be brought in the courts of the United Kingdom. If any provision of these Terms and Conditions is held to be illegal or unenforceable, that provision will no longer be part of the Terms and Conditions, and the Terms and Conditions will be enforceable as though that provision never was a part of them.
- These Terms and Conditions are the only ones that govern Apple’s repair of your product. No other oral or written terms or conditions apply, including ones in any purchase order that you provide to Apple. No one from Apple has the authority to vary any of these Terms and Conditions. Only the parties to these Terms and Conditions may enforce rights under these Terms and Conditions.
- Apple products may be subject to export control laws and regulations, and must be purchased, sold, exported, re-exported, transferred or used in compliance with such export laws and regulations.
- You agree and understand that it is necessary for Apple to collect, process and use your data in order to perform the service and support obligations under these Terms and Conditions. Apple will protect your information in accordance with Apple Customer Privacy Policy available at www.apple.com/uk/legal/privacy. If you wish to have access to the information that Apple holds concerning you or if you want to make changes, access www.apple.com/contact/myinfo to update your personal contact preferences or you may contact Apple’s European data controller at privacy@euro.apple.com.
