Apple AppleCare Protection Plan for Mac: Section 8 -

Section 8 -: Apple AppleCare Protection Plan for Mac

Table of contents

background image

33

English

delivered. Defects apparent in the first 6 months, are presumed to have existed at delivery. A 

consumer making a claim under the Consumer Code may contact an Apple Authorized Service 

Provider to assess if a defect existed at delivery.

Section 8 -

a. If you are a consumer, nothing in these Terms and Conditions shall limit or exclude Apple’s 

liability in case of violation of the legislation applicable to the Plan.

b. If you are not a consumer:

(i) these terms and conditions set out the full extent of our obligations and liabilities in respect 

of the services under this Plan; (ii) there are no warranties, conditions or other terms that are 

binding on Apple except as expressly stated in the Plan; (iii) any warranty, condition or other term 

concerning the products or services which might otherwise be implied into or incorporated in 

the Plan by statute, common law, laws applicable in the country where you purchased the Plan 

or otherwise (including without limitation any implied term as to quality, fitness for purpose, 

reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. 

In particular, we will not be responsible for ensuring that the Plan is suitable for your purposes.

c. Nothing in the Plan shall limit or exclude Apple’s liability (i) for death or personal injury caused 

by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable 

compulsory national laws as to title or (iv) any liability which cannot be excluded or limited by law, 

in particular under Articles 33 and followings of the Code of Consumer.

d. Subject to clause 8.c in this section, Apple will not be liable under the Plan for any loss of 

income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or 

damage of any kind howsoever arising and whether caused by tort (including negligence), breach 

of contract or otherwise.

e. Subject to clause 8.c in this section, Apple’s maximum aggregate liability under the Plan 

whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the 

amount payable by you to Apple in respect of the Plan.

Section 9 - If you cancel more than 30 days after your receipt of this Plan, you will receive a pro-

rata refund of the Plan’s original purchase price, less a cancellation fee of €25.00 or 10 per cent of 

the pro-rata amount, whichever is less.