1.9 Exceptions to Coverage. Service under this Agreement is offered and valid only to residents located in Australia, Austria, Belgium, Brazil, Canada, Denmark (excluding Greenland and Faroe Islands), Germany, Finland (excluding Åland), France (excluding Corsica, overseas departments and territories), Ireland, Italy (excluding Sardinia), Japan, Luxembourg, Monaco, Netherlands, Spain (including Balearic Islands but excluding Canary Islands, Ceuta, Melila), Singapore, Sweden, Switzerland, Liechtenstein, New Zealand, Norway (excluding Svalbard) and the United Kingdom (excluding the Isle of Man), and to the residents located in the fifty states of the United States of America and the District of Columbia.. Service under this Agreement is not available where prohibited by law.
1.10 Delivery. Apple may provide an estimate on when a replacement product or shipping box to facilitate service will be shipped to you. Once your order has been prepared for shipment or has shipped, Apple is unable to change the shipping address. Please note that for deliveries that require a signature, if you are willing to assume the risks of your order being delivered without anyone at the delivery address, you may authorize Apple to arrange for a delivery without the need for a signature.
1.11 Customer’s Responsibility.
1.11.1 Apple will provide you with shipping and packing instructions. You will be responsible for products or parts that are lost or damaged as a result of failure to follow them.
1.11.2 It is your responsibility to backup all existing data, software, and programs, and to erase all existing data before receiving services. Apple is not responsible for loss, recovery, or compromise of data, programs or loss of use of equipment arising out of the services provided by Apple. You represent that your product does not contain illegal files or data.
1.11.3 Abandoned Property. Unless you provide alternative instructions, Apple will ship your repaired or replacement product to the mailing address you furnished when you authorized service. 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 (see the Country Variation sections, below, for any applicable exceptions) 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 service. 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 service performed. Apple reserves its statutory and any other lawful liens for unpaid charges.
For customers in Europe, outside of Austria and Germany: If you have not claimed your product and paid all charges due within sixty (60) days after being notified by Apple that your product has been repaired, Apple will set you a time period to claim the product. Apple will send such notification to you at the mailing address you furnished when you authorized the repairs. If you continue to fail to pick up your product, Apple may claim any damages from you including any costs or the storage of such product. Apple reserves its statutory and any other lawful liens for unpaid charges.
For customers in Austria or Germany: Apple is entitled to retain your product until full payment by you of all charges for the repair. If you have not claimed your product and paid all charges due within sixty (60) days after being notified by Apple that your product has been repaired, Apple will invite you to collect the product and/or to accept delivery of the products, in exchange for the payment of the charges. It is understood that, without prejudice to the rights of Apple to obtain compensation of damages, you will be responsible for all charges incurred for the custody of the products Apple reserves its statutory and any other lawful liens for unpaid charges.
1.11.4 Information on Service. During the service ordering process you must provide a description of the issue that is affecting your product, so that Apple understands and may replicate the issue.
1.11.5 Apple encourages you to review service order status information at www.apple.com/support/repairstatus/
1.11.6 Disclosure of Unauthorized Modifications. During the service ordering process, you must notify Apple of any unauthorized modifications, or any repairs or replacements not performed by Apple or an Apple Authorized Service Provider (“AASP”), that have been made to your product. Apple will not be responsible for any damage to the product that occurs during the repair process that is a result of any unauthorized modifications or repairs or replacements not performed by Apple or an AASP. If damage results, Apple will seek your authorization for any additional costs for completing service even if the product is covered by warranty or an AppleCare service plan. If you decline authorization, Apple may return your product unrepaired in the damaged condition without any responsibility.
2. Orders and Payment
2.1 Payment. Terms of payment are within Apple’s sole discretion, and unless otherwise agreed to by Apple, payment details must be received prior to Apple’s acceptance of an order.
2.2 Payment Methods. Apple allows you to make purchases or place orders (that require security for the return of the replaced part or product) using credit card, debit card or check card when applicable and acceptable in the Country where the service is provided (except in Hong Kong, Japan and Singapore), or some other prearranged payment method unless Apple has agreed to some other credit terms. When you provide Apple with your card information, Apple will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. Apple will not bill your credit card or process a transaction under your debit or check card until your order is processed. Apple may not be able to accept credit, debit, or check cards associated with a billing address outside of the country site. Debit cards and check cards may have daily spending limits that could delay the processing of your order substantially. Apple requires the credit, debit, or check card security code for your card to protect against the unauthorized use of your credit card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account, or on the back of your card, on the signature panel.
2.3 Prices. Apple endeavors to offer you competitive prices on current Apple products and services. Your total order price will include the price of the product or service on the day of order processing. Apple reserves the right to change prices for products or services displayed at any time and particularly to correct pricing errors that appear.
2.4 Confirmation. Apple will send you a confirmation of your order via email shortly after receipt. You will receive a confirmation by regular mail when Apple accepts your order.
2.5 Refunds. Except as described in the Warranty and Limitation of Liability section below, Apple does not provide refunds for service orders.
3. Warranty and Limitation of Liability
3.1 Service Warranty. For all service orders, Apple warrants that (1) services performed will conform to their description for ninety (90) days from the date of service, (2) except for batteries described in the subsection below, all parts or products used in service will be free from defects in materials and workmanship for ninety (90) days from the date of service, and (3) batteries installed as part of Apple’s battery replacement service for Apple portable Mac computers will be free from defects in materials and workmanship for one year from the date of service. This warranty is an express limited warranty. If non-conforming service is provided or a defect arises in a replacement part or product during the applicable warranty period, Apple will at its option, either (a) re-perform services to conform to their description (b) repair or replace the part or product, using parts or products that are new or equivalent to new in performance and reliability, or (c) refund the sums paid to Apple for service.
Australia: The rights described in this policy in respect of returns, refunds and warranties are in addition to the statutory rights to which you may be entitled under the Consumer and Competition Act 2010 and other applicable Australian consumer protection laws and regulations. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. The repair of goods may result in loss of the data. Certain legislation including the Competition and Consumer Act 2010, may imply warranties or conditions or impose obligations upon Apple which cannot be excluded, restricted or modified, or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which Apple is entitled to do so, Apple limits its liability in respect of any claim under those provisions to at Apple’s option (1) the supplying of the services again or (2) the payment of the cost of having the services supplied again.
Brazil: Apple does not use reconditioned or previously used products or parts when servicing Apple products.
Denmark: For Danish consumers the rights in this warranty come in addition to and do not affect your mandatory rights as a consumer, including those contained in the Sales of Goods Act, among other things establishing the right to complain as to nonconformities until the expiry of the two year claims period set forth therein, that is 2 years as from the date of the purchase. Furthermore, if the serviced product fails following the expiry of the 90 day warranty, but within 2 years of date of performance of the services, consumers shall, at Apple’s discretion be entitled either to a re-performance of the services, or a refund of the fee paid for the services, if it can be established that such a failure is due to a non-conformance in the service performed.
Norway: For Norwegian consumers the rights under this Agreement are in addition to your statutory rights pursuant to the Norwegian Craftsmanship Services for Consumers Act (håndverkertjenesteloven) and/or the Norwegian Consumer Purchase Act (forbrukerkjøpsloven), including your right to use the longest period of claim, that is within two years from the repair or purchase.
3.2 Disclaimer of Warranty.
For Customers in Europe: THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. APPLE SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTIBILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.
For Customers outside of Europe: TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, APPLE SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTIBILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.
3.3 Limitation of Liability. IF YOU ARE A CONSUMER, YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS WITH REGARD TO SERVICES AND PRODUCTS PROVIDED UNDER THIS AGREEMENT. PLEASE REFER TO YOUR LOCAL CONSUMER AUTHORITY FOR MORE INFORMATION ABOUT YOUR RIGHTS. IF NOT COVERED BY THESE RIGHTS, APPLE DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST, CORRUPTED, OR COMPROMISED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, APPLE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, APPLE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT OF YOUR ORDER. IN CONSUMER CASES, THE LIABILITY FOR (1) PERSONAL DEATH AND INJURY AND (2) FRAUD MAY BE WIDER THAN NEGLIGENCE CAUSED LOSS AND IN SUCH CASES APPLE DOES NOT SEEK TO EXCLUDE THIS LIABILITY.
3.4 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 gives you specific legal rights, and you may also have other rights that vary by state, province or jurisdiction.
4. Export Control. You may not use or otherwise export or re-export the products serviced except as authorized by the laws of the jurisdiction in which the products were obtained. In particular, but without limitation, the products may not be exported or re-exported in violation of export laws, including if applicable export or re-export into any US-embargoed countries or to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce Denied Person’s List or Entity List. You represent that you are not located in any country or on any list where the provision of product to you would violate applicable law. You also agree that you will not use products for any purposes prohibited by applicable law.
5. General.
5.1 Typographical Errors. Apple is not responsible for typographical errors. Apple reserves the right to cancel any order you have placed if there was a typographical error concerning the pricing or availability of any item you ordered when you placed the order.
For residents of Belgium: Please note that Apple will be unable to facilitate any cancellation requests for your order, pursuant to Article 79 § 1 Trade Practices Act 1991.
5.2 Change Terms. Apple reserves the right to change this Agreement at any time.
5.3 Cancellation. Upon acceptance of a service order, Apple initiates service and consequently a service order may not be cancelled and you cannot withdraw from the contract.
For residents of Europe, outside Belgium : If you are a consumer, you agree that because Apple starts service upon acceptance of your order, you may not exercise the right of withdrawal.
For residents of Belgium: Please note that Apple will be unable to facilitate any cancellation requests for your order, pursuant to Article 79 § 1 Trade Practices Act 1991.
5.4 Product/Service Changes. Apple may make changes to any products or services offered online, or to the applicable prices for any such products or services, at any time, without notice. The information provided online with respect to products and services may be out of date, and Apple makes no commitment to update the information provided online with respect to such products and services.
For residents of Europe: Prior to the conclusion of your contract with Apple, you will be provided with the correct information about the main characteristics of the goods or services, as well as the price and delivery costs of the goods or services including all taxes.
5.5 Access online. Apple reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to its online pages, or to any portion of its online site, for any reason; (2) to modify or change its online pages, or any portion thereof, and any applicable policies or terms; and (3) to interrupt the operation of its online site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
5.6 Governing Law. The laws of the country where you ordered service or product will govern this Agreement, except as otherwise described in the Country Variation table, below.