Apple AppleCare Protection Plan for iPod - Manual (Page 29)

29 English
the meaning of section 14 German Civil Code, the limitation period shall be one year from receipt
of the products or services.
Any liability in damages based on any legal theory shall be subject to the following limitation:
(i) Apple’s liability for damages caused by slight negligence, irrespective of its legal ground, shall
be limited as follows:
• Apple shall be liable up to the amount of the foreseeable damages typical for this type of
contract due to a breach of material contractual obligations;
• 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 below, 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.