Exclusions and limitations – Apple iPod Touch User Manual

Page 9

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Apple’s warranty obligations for this hardware product are limited to the terms set forth below:
Apple, as defined in the table below, warrants this hardware product against defects in materials

and workmanship under normal use for a period of ONE (1) YEAR from the date of retail purchase

by the original end-user purchaser (“Warranty Period”). If a hardware defect arises and a valid

claim is received by Apple within the Warranty Period, at its option and to the extent permitted

by law, Apple will either (1) repair the product at no charge, using new parts or parts equivalent

to new in performance and reliability, (2) exchange the product with a product that is new or

equivalent to new in performance and reliability and is at least functionally equivalent to the

original product, or (3) refund the purchase price of the product. Apple may request that you

replace defective parts with new or refurbished user-installable parts that Apple provides in

fulfillment of its warranty obligation. A replacement product or part, including a user-installable

part that has been installed in accordance with instructions provided by Apple, assumes the

remaining warranty of the original product or ninety (90) days from the date of replacement or

repair, whichever provides longer coverage for you. When a product or part is exchanged, any

replacement item becomes your property and the replaced item becomes Apple’s property.

Parts provided by Apple in fulfillment of its warranty obligation must be used in products for

which warranty service is claimed. When a refund is given, the product for which the refund is

provided must be returned to Apple and becomes Apple’s property.
If a defect arises and Apple receives a valid claim after the first one hundred and eighty (180) days

of the Warranty Period, a shipping and handling charge may apply to any repair or exchange of

the product undertaken by Apple.

EXCLUSIONS AND LIMITATIONS

This Limited Warranty applies only to the hardware product manufactured by or for Apple

that can be identified by the “Apple” trademark, trade name, or logo annexed to it. The Limited

Warranty does not apply to any non-Apple hardware product or any software, even if packaged

or sold with the Apple hardware. Manufacturers, suppliers, or publishers, other than Apple, may

provide their own warranties to the end user purchaser, but Apple, in so far as permitted by law,

provides their products “as is”. Software distributed by Apple with or without the Apple brand

name (including, but not limited to system software) is not covered under this Limited Warranty.

Refer to the licensing agreement accompanying the software for details of your rights with

respect to its use. Apple does not warrant that the operation of the product will be uninterrupted

or error-free. Apple is not responsible for damage arising from failure to follow instructions

relating to the product’s use.
This warranty does not apply: (a) to consumable parts, such as batteries, unless damage has

occurred due to a defect in materials and workmanship; (b) to cosmetic damage, including but

not limited to scratches, dents, and broken plastic on ports; (c) to damage caused by use with

non-Apple products; (d) to damage caused by accident, abuse, misuse, liquid spill or submersion,

flood, fire, earthquake or other external causes; (e) to damage caused by operating the product

outside the permitted or intended uses described by Apple; (f) to damage caused by service

(including upgrades and expansions) performed by anyone who is not a representative of Apple

or an Apple Authorized Service Provider (“AASP”); (g) to a product or part that has been modified

to alter functionality or capability without the written permission of Apple; or (h) if any Apple

serial number has been removed or defaced.

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