APPLE
COMPUTER, INC.
REPAIR TERMS AND CONDITIONS
- Apple will repair your product for the estimated charges
stated (unless such charges are revised with your prior oral or written
consent). When the product repair is covered by Apple's warranty or
extended service contract, Apple will perform repairs under the terms
of such warranty or extended service contract, (and applicable provisions
of law). If requested, you must provide proof of your products
eligibility for repairs covered by warranty or extended service contract.
Apple may subcontract with other service providers for the repair of
your product.
- Unless your product repair is covered by Apple's warranty
or extended service contract without charge to you, you will pay the
estimated charges stated when you authorized the repair. Your payment
is due when the product is returned to you. The estimated charges include
all parts, labor, and shipping required for the repair of the product,
plus applicable sales tax.
- Apple may charge you a diagnostic fee including shipping
charges, as described below, ("Diagnostic Fee"), plus applicable sales
tax, if Apple inspects your product and determines based on the inspection
that the product does not require repairs. If Apple determines, while
inspecting your product, that repairs are needed due to the failure
of parts that are neither supplied by Apple nor Apple-branded, Apple
will return the product to you without repairing it, and may charge
you the Diagnostic Fee plus applicable sales tax. If the repair 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 repair 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 will return the product
to you without repairing it, and may charge you the Diagnostic Fee,
plus applicable sales tax.
- In repairing your product, Apple will use new, used or
refurbished 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 are
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.
- In repairing your product, Apple warrants (1) that the
repair will be performed in a workmanlike manner and (2) that all parts
used in the repair will be free from defects in materials and workmanship
for ninety (90) days from the date of the repair. The warranty on parts
is an express limited warranty. If a defect arises in a replacement
part during the ninety (90) day warranty period, at its option, Apple
will (1) repair the part, using new, used or refurbished replacement
parts, or (2) replace the part with a new, used or refurbished equivalent
part, or (3) refund the fair market value of the part.
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 REPAIR PARTS. APPLE SPECIFICALLY DISCLAIMS ANY
AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH PARTS, 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 on repair parts gives you specific legal rights,
and you may also have other rights that vary by state, province or
jurisdiction.
- APPLES ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING
FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE REPAIR OF YOUR PRODUCT,
WHETHER DUE TO APPLES NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED
TO THE AMOUNTS THAT YOU PAY APPLE FOR REPAIR SERVICES. 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. 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 HAVE PAID APPLE FOR
REPAIR SERVICES.
- Unless you provide alternative instructions, Apple will
ship your repaired product to the mailing address you furnished when
you authorized the repairs. 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 the
repairs. 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 repairs performed. Apple reserves its statutory
and any other lawful liens for unpaid charges.
- Apple disclaims any liability for damage or loss to your
product caused while in transit. Apple will assist you in making a
claim by filing tracers and claims with the carrier responsible for
the loss or damage.
- These terms and conditions are governed by the laws of
the State of California (without giving effect to its conflict of law
provisions). If any provision of these terms and conditions is held
to be illegal or unenforceable, that provision will be deemed to have
never been part of the terms and conditions, and the remaining terms
and conditions will continue to be enforceable.
- These terms and conditions govern Apples repair
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 terms and conditions.
CONSUMER PROTECTION LAWS
FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS
IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, 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.
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