Apple AppleCare Protection Plan for Mac - Manual (Page 33)

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.