Apple Malaysia Sdn. Bhd., (“Apple”) is pleased to extend the offer of a loaner iPhone to you while service is performed on your current iPhone (“Customer iPhone”).  By taking possession of the equipment identified in section 1 (“Loaner iPhone”) and signing this agreement, you agree to all the terms and conditions listed below:

1. Loaner iPhone.  You acknowledge receipt of the Loaner iPhone listed below which at Apple’s discretion may be new or refurbished, and agree to return it to Apple (i) no more than fourteen (14) days from the date Apple notifies you that your repaired Customer iPhone is ready for pickup or (ii) upon Apple’s written request to do so (each, a “Return Date”):

• The Serial Number of the Loaner iPhone is listed on the Genius Bar Work Authorisation for the service on your current iPhone.
• From the date on which you receive the Loaner iPhone until the Return Date, title to the Loaner iPhone shall at all times remain vested in Apple."

2. Receipt of Customer iPhone when Loaner iPhone Returned.  The Loaner iPhone is offered to you while your Customer iPhone listed on the Genius Bar Work Authorisation is serviced by Apple. Apple will return the Customer iPhone to you after service has been completed, the Loaner Device has been returned and all outstanding payments are settled.

3. Extended Return Date.  If you have a circumstance that prevents you from picking up your repaired Customer iPhone on or before the Return Date, you may submit a request to Apple for an extension of five (5) days beyond the standard fourteen (14) day return period.  You may submit a request for the extension by contacting Apple at the location where the Loaner iPhone was provided.  Upon approval of the five (5) day extension, the extended date will become your Return Date for purposes of these terms, and you will be required to return the Loaner iPhone by that extended Return Date.  All of the terms set forth in this agreement will apply to that extended Return Date.

4. Replacement.  In certain cases Apple may, at its own discretion, decide that replacement of the Customer iPhone is required (e.g., where repair is not possible).  Upon its decision to replace the Customer iPhone:  (i) you will return the Loaner iPhone to Apple and collect the Replacement iPhone, for which all original terms of sale that applied to the Customer iPhone, including the remainder of any warranty terms still in effect will apply; (ii) you will obtain full rights of ownership in the Replacement iPhone, and (iii) Apple will obtain full rights of ownership in the Customer iPhone and may use or dispose of the Customer iPhone as Apple sees fit. 

5. Safeguarding.  You must take reasonable and prudent precautions to protect the Loaner iPhone against damage, loss or abuse while in your care, custody and control.  If the Loaner iPhone is lost, stolen or damaged, you must notify Apple immediately.  Only Apple may service the Loaner iPhone.  You may be held responsible for repair or replacement costs if the Loaner iPhone is lost, damaged or stolen while on loan.

6. Permitted use.  The Loaner iPhone is to be used solely by you while your iPhone is being serviced by Apple (“Service Period”).  You must not use the Loaner iPhone for any unlawful purpose.  Only software with valid licences should be loaded on the Loaner iPhone.

7. Delete your files upon return of Loaner iPhone

You acknowledge that before returning the Loaner iPhone, you are responsible for erasing all files, including personal and/or confidential files and data, created by you.  Therefore, should you wish to retain any files you created, you should back up your files so that the files can later be transferred to your repaired Customer iPhone. You are responsible for removing and storing any such files prior to returning the Loaner iPhone.  Apple is not responsible nor liable for any files or data remaining on, or erased from, the Loaner iPhone, following its return."

8. Installed software.  You acknowledge that all software provided with the Loaner iPhone is licenced specifically to this Loaner iPhone and you will not remove it.  You also agree not to copy or otherwise reproduce, reverse engineer, disassemble or decompile any software, equipment or components provided with the Loaner iPhone.

9. Apple liability.  To the fullest extent permitted by law, Apple will not be liable for any consequential, incidental, indirect or direct damages arising out of these terms or the use of the Loaner iPhone, including without limitation any losses of or affecting your personal property, software or data.  

10. Governing law.  This Agreement shall be governed by and construed in accordance with the laws of Malaysia.

The undersigned has read and understands this Agreement and hereby acknowledges receipt of a copy.

Customer signature:

________________________________

Date:

________________________________