These Terms & Conditions (“T&Cs”) govern the Depth and Water Seal Test of your Apple Watch Ultra (“Product”) by Apple Inc. (“Apple”). By submitting your Product to Apple for the Apple Depth and Water Seal Test, you agree to the following terms and conditions:

1. If you choose to have your Product undergo the Apple Depth and Water Seal Test, Apple will test your Product as described in these T&Cs and on the authorisation issued to you (the “Authorisation”). You will be responsible for any charges shown on the Authorisation, in addition to any applicable tax and shipping fees. Apple may restrict testing to one (1) Product per customer at a time. 

2. The Depth and Water Seal Test checks your Product’s depth gauge and whether its seals are working correctly at the time of the test. Water resistance is not a permanent condition and may diminish over time.

3. Underwater activities are risky. If you are using your Product where failure of it working correctly could lead to death, personal injury or severe environmental damage, always use a secondary depth gauge and timer/watch.

To reduce the risk of serious or fatal injury when using your Product, read and follow all instructions and warnings in the Apple Watch Ultra User Guide and those provided by any third-party dive apps you’re using on or in connection with your Product, and when recreational scuba diving, always follow all guidelines associated with the certifications and training you have received.

For important information about safety while using your Product for underwater activities, see “Measure underwater temperature, duration and depth on Apple Watch Ultra” in the Apple Watch Ultra User Guide.

4. Apple understands that your data may be valuable to you. You must unpair your Product from your iPhone before sending it to Apple for this test. Your Product will be erased upon receipt by Apple. It is therefore your sole responsibility to back up all existing data, software and/or programs from your Product, and to unpair your Product from your iPhone prior to providing it to Apple for the Depth and Water Seal Test. By submitting your Product for the Depth and Water Seal Test, you represent to Apple that you have taken the steps necessary to unpair your Product, which will erase any such data from your Product and back it up to your iPhone. Apple is not responsible for any loss, recovery or compromise of data, software or programs that you have not backed up before sending it to Apple for the Depth and Water Seal Test. You represent that your Product does not contain any illegal files or data. 

Apple is entitled to install system software updates that will prevent your Product from reverting to an earlier version of the system software. Third-party applications installed on your Product may not be compatible or work with your Product as a result of the system software update. You acknowledge that in such case Apple shall not be liable for any loss or expenses resulting from such incompatibility.

5. Prior to conducting the test, Apple will inspect your Product for visible signs of damage that could impact the test. If Apple determines as part of this pre-test inspection, or otherwise during the testing, that your Product requires a service due to damage caused by abuse, misuse or any external cause, or due to failure of parts that are not original to the Product, Apple reserves the right to return your Product to you without testing or servicing it. Apple will notify you of any such damage and request your prior authorisation before initiating a service or charging any additional fees for a repair or replacement to address the damage. If you decline authorisation, Apple is entitled to return your Product untested or unrepaired in the damaged condition without any responsibility or liability to you. In the case of any of the foregoing, Apple is entitled to hold you responsible for any testing fee (if applicable).

Apple will not be responsible for any damage to your Product that occurs during the pre-testing inspection or testing process to the extent such damage is a result of any unauthorised modifications or repairs or replacements to your Product (i.e. modifications, repairs or replacements not performed by Apple or an Apple Authorised Service Provider).

6. Apple’s pre-test inspection may not detect damage to your Product’s seals in all instances. You acknowledge and accept that, if your Product’s seals are not working correctly at the time of the test due to damage caused by abuse, misuse or any external cause, or due to failure of parts that are not original to the Product, the testing process may cause damage to your Product. You accept that, if your Product is left inoperable as a result of the testing, Apple is entitled to charge you a fee to replace your Product, provided that the damage is not caused by Apple’s gross negligence. For more information about replacement fees, see support.apple.com/en-au/watch/repair, service type “Other Damage”. If you accept this fee and Apple issues a replacement for your product, Apple will retain the replaced product as its property, and the replacement product will become your property. You will not be charged a replacement fee if the Product passes the pre-test inspection, and is left inoperable as a result of the testing, if one of the following applies: (a) your Product is covered by a current Apple Limited Warranty; or (b) you are otherwise entitled to a replacement or other remedy under applicable consumer warranty law. If Apple offers to replace your damaged out-of-warranty Product for a replacement fee, and you decline to pay the replacement fee, Apple is entitled to return your Product unrepaired in the damaged condition without any responsibility or liability to you. Apple is entitled to hold you responsible for any testing fee (if applicable).

7. The Depth and Water Seal Test offering is separate from Apple’s repair and replacement services and is not covered under Apple’s 90-day service warranty, Apple’s Limited Warranty, General Service Terms and Conditions, or Retail Repair Terms and Conditions. Your rights in relation to your Product under Apple’s Limited Warranty or your extended service contract, or otherwise available under applicable consumer warranty law, are not affected or extended by the performance or non-performance of this test (or any pre-testing inspection) of your Product.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE T&CS FOR THE DEPTH AND WATER SEAL TEST ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. APPLE SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES IN CONNECTION WITH THE PERFORMANCE OF THE PRE-TESTING INSPECTION, THE TESTING OR APPLE’S FAILURE TO PERFORM THE TESTING DUE TO PRE-EXISTING PHYSICAL DAMAGE TO THE PRODUCT. THIS DISCLAIMER DOES NOT AFFECT ANY LIABILITY OF APPLE FOR ITS GROSS NEGLIGENCE OR ANY STATUTORY RIGHTS YOU MAY HAVE IN RELATION TO THE DEPTH AND WATER SEAL TEST.

8. IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(A) APPLE AND ITS AFFILIATES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PRE-TESTING INSPECTION, THE TESTING OR APPLE’S FAILURE TO TEST YOUR PRODUCT DUE TO THE PRE-EXISTING PHYSICAL DAMAGE TO THE PRODUCT, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES CONSISTING OF LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERING, PROGRAMMING OR RESTORING ANY PROGRAM OR DATA STORED OR USED WITH YOUR PRODUCT AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON YOUR PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS.

(B) APPLE SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) TEST YOUR PRODUCT, (ii) CONDUCT THE PRE-TESTING INSPECTION OR TEST OF YOUR PRODUCT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA ON YOUR PRODUCT, AND (iii) MAINTAIN THE CONFIDENTIALITY OF DATA ON YOUR PRODUCT. IF YOUR PRODUCT IS DAMAGED OR LOST WHILE IN APPLE’S CUSTODY, APPLE’S LIABILITY WILL BE LIMITED TO THE COST OF REPLACING YOUR PRODUCT. OTHERWISE, APPLE’S LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY APPLE (IF ANY) FOR THE PRE-TESTING INSPECTION AND TESTING PROVIDED PURSUANT TO THESE T&CS.

(C) THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY APPLE UNDER THESE T&CS.

SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. If you have not claimed your Product and paid all charges due (if any) within sixty (60) days after being notified by Apple that your Product has been tested (or has undergone pre-testing inspection and does not qualify for testing), Apple will consider your Product abandoned and is entitled to dispose of your Product in accordance with applicable law.

10. These T&Cs are governed by the laws of the State of California (without giving effect to its conflict of law provisions) for customers who have requested Apple’s Depth and Water Seal test in the United States. For customers outside the United States, the T&Cs are governed by the laws of the country or region where you have requested Apple’s Depth and Water Seal Test.

11. These T&Cs are the only ones that govern Apple’s Depth and Water Seal Test of your Product.

12. Each of the terms set out in these T&Cs is severable, which means that even if any term is found to be unenforceable or invalid for any reason, you agree that all of the other terms will remain in force.

13. You agree and understand that it is necessary for Apple to collect, process and use your personal information in order to perform the Depth and Water Seal Test under these T&Cs. Apple will protect your information in accordance with the Apple Customer Privacy Policy, available at URL apple.com/au/legal/privacy.

NOTICE TO AUSTRALIA CONSUMERS: Nothing in these T&Cs is intended to have the effect of excluding, restricting or modifying (i) the application of all or any of the provisions of Division 1 of Part 3-2 of Schedule 1 of the Australian Competition and Consumer Act (ACL), or Part 5-4 of the ACL; or (ii) the exercise of a right conferred by such a provision; or (iii) any liability of Apple in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.

NOTICES TO CALIFORNIA CONSUMERS

1. AN ESTIMATE FOR REPAIRS, AS REQUIRED (SECTION 9844 OF THE CALIFORNIABUSINESS AND PROFESSIONS CODE), SHALL BE GIVEN TO THE CUSTOMER BY THE SERVICE DEALER IN WRITING. THE SERVICE DEALER MAY NOT CHARGE FOR WORK DONE OR PARTS SUPPLIED IN EXCESS OF THE ESTIMATE WITHOUT THE PRIOR CONSENT OF THE CUSTOMER. WHERE PROVIDED IN WRITING, THE SERVICE DEALER MAY CHARGE A REASONABLE FEE FOR SERVICES PROVIDED IN DETERMINING THE NATURE OF THE MALFUNCTION IN PREPARATION OF A WRITTEN ESTIMATE FOR REPAIR. FOR INFORMATION, CONTACT THE BUREAU OF ELECTRONIC AND APPLIANCE REPAIR, DEPARTMENT OF CONSUMER AFFAIRS, SACRAMENTO, CA 95814.

2. AS THE BUYER OF YOUR PRODUCT IN CALIFORNIA, YOU HAVE THE RIGHT TO HAVE YOUR PRODUCT SERVICED AND REPAIRED DURING THE WARRANTY PERIOD. IF YOUR PRODUCT IS UNDER WARRANTY AND YOU ARE ENTITLED TO A REPAIR OR REPLACEMENT OF YOUR PRODUCT IF IT IS DEEMED TO BE DEFECTIVE DURING THE APPLICABLE WARRANTY PERIOD, YOUR WARRANTY PERIOD WILL BE EXTENDED FOR THE NUMBER OF WHOLE DAYS THAT YOUR PRODUCT HAS BEEN OUT OF YOUR HANDS FOR WARRANTY SERVICE UNDER YOUR WARRANTY; THIS INCLUDES IF APPLE DETERMINES THAT YOUR PRODUCT HAS A DEFECT COVERED BY YOUR WARRANTY DURING ITS PRE-TESTING INSPECTION OR TESTING OF YOUR PRODUCT UNDER THESE T&CS.

IF A DEFECT EXISTS DURING THE WARRANTY PERIOD, THE WARRANTY WILL NOT EXPIRE UNTIL THE DEFECT HAS BEEN FIXED. THE WARRANTY PERIOD WILL ALSO BE EXTENDED IF THE WARRANTY REPAIRS HAVE NOT BEEN PERFORMED DUE TO DELAYS CAUSED BY CIRCUMSTANCES BEYOND THE CONTROL OF THE BUYER, OR IF THE WARRANTY REPAIRS DID NOT REMEDY THE DEFECT AND THE BUYER NOTIFIES THE MANUFACTURER OR SELLER OF THE FAILURE OF THE REPAIRS WITHIN SIXTY (60) DAYS AFTER THEY WERE COMPLETED. IF, AFTER A REASONABLE NUMBER OF ATTEMPTS, THE DEFECT HAS NOT BEEN FIXED, THE BUYER MAY RETURN THIS PRODUCT FOR A REPLACEMENT OR A REFUND SUBJECT, IN EITHER CASE, TO DEDUCTION OF A REASONABLE CHARGE FOR USAGE. THE TIME EXTENSION DOES NOT AFFECT THE PROTECTION OR REMEDIES THE BUYER HAS UNDER OTHER LAWS.