Apple AppleCare Protection Plan for iPad User Manual

Page 30

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30

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(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.
If you are a consumer, in the event Apple cancels this Plan, you will receive from Apple a
cancellation fee equal to double the cancellation fee that you would have paid if you had
cancelled the Plan at the time Apple cancels.
If you are a consumer and you have entered this Plan through the Apple Store web site or through
the phone, you may cancel this Plan within fourteen days following your purchase of the plan.
You will receive full refund. Articles 50 - 61 of the Italian Legislative Decree No. 206 of 6 September
2005 (Consumer Protection Code) will apply to this Plan if (i) this Plan is entered through the
Apple Store web site, or (ii) this Plan is executed as a “distance contract”.

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