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Repair Terms and Conditions

APPLE COMPUTER, INC.
REPAIR TERMS AND CONDITIONS

  1. 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 product’s eligibility for repairs covered by warranty or extended service contract. Apple may subcontract with other service providers for the repair of your product.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. APPLE’S ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE REPAIR OF YOUR PRODUCT, WHETHER DUE TO APPLE’S 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.

  7. 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.

  8. 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.

  9. 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.

  10. These terms and conditions govern Apple’s 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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