Apple AppleCare Protection Plan for iPad - Manual (Page 27)

27 English
(B) APPLE SHALL NOT BE LIABLE DUE TO A SLIGHTLY NEGLIGENT BREACH OF ANY OTHER
DUTY OF CARE APPLICABLE.
(II) THE AFORESAID LIMITATIONS OF LIABILITY SHALL NOT APPLY TO ANY MANDATORY
STATUTORY LIABILITY, IN PARTICULAR TO LIABILITY UNDER THE GERMAN PRODUCT LIABILITY
ACT (PRODUKTHAFTUNGSGESETZ), AND LIABILITY FOR CULPABLY CAUSED INJURIES OF LIFE,
BODY OR HEALTH. IN ADDITION, SUCH LIMITATIONS OF LIABILITY SHALL NOT APPLY IF AND
TO THE EXTENT APPLE HAS ASSUMED A SPECIFIC GUARANTEE.
(III) SUBSECTIONS (I) AND (II) SHALL APPLY ACCORDINGLY TO APPLE ’S LIABILITY FOR FUTILE
EXPENSES.
(IV) THE AFORESAID LIMITATIONS OF LIABILITY SHALL ALSO APPLY TO THE LIABILITY OF APPLE’S
EMPLOYEES AND AGENTS.
(V) THE FOREGOING SHALL NOT AFFECT ANY SHIFT IN A BURDEN OF PROOF TO YOUR
DISADVANTAGE.
Section 9 – Section 9 is replaced by the following:
You may cancel this Plan at any time for any reason. If you decide to cancel either call Apple at the
telephone number listed in the Getting Started Guide, or send or fax written notice with your Plan
Agreement Number to Apple Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic
of Ireland (fax number: +353-(0)21-428-3917). A copy of the Plan’s original proof of purchase must
accompany your notice. If you cancel within thirty (30) days of your Plan’s purchase, or receipt of
these Terms and Conditions, whichever occurs later, you will receive a full refund less the value
of any service provided under the Plan. 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, based on the
percentage of unexpired Coverage Period from the Plan’s date of purchase, less (a) a cancellation
fee of €25.00 or ten per cent (10%) of the pro-rata amount, whichever is less, and (b) the value
of any service provided to you under the plan. Apple may cancel this Plan for fraud or material
misrepresentation.
Section 11.v to 11.vii - Section 11.v to 11.vii shall not apply to any personal data collected or
processed by Apple through an establishment of Apple in Germany. Where legally required, Apple
will separately ask you for your consent with regard to such data.