Apple AppleCare Protection Plan for iPod - Manual (Page 35)

35 English
APPLE AT ITS SOLE OPTION MAY DECIDE TO REPLACE OR REPAIR THE COVERED EQUIPMENT OR
SUPPLY THE SERVICE.
APPLE OR ITS EMPLOYEES OR AGENTS SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY
DAMAGE TO PROPERTY WHETHER IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE
OR INADEQUATE PERFORMANCE BY APPLE OF ANY OF ITS CONTRACTUAL OBLIGATIONS OR IN
TORT UNLESS SUCH DAMAGE IS CAUSED BY WILFUL MISCONDUCT ON THE PART OF APPLE, ITS
EMPLOYEES OR AGENTS.
APPLE’S, ITS EMPLOYEES’ AND AGENTS’ LIABILITY FOR DEATH OR PERSONAL INJURY, OR IN THE
EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE BY APPLE
OF ANY OF ITS CONTRACTUAL OBLIGATIONS IS NOT LIMITED WHERE SUCH DEATH OR INJURY OR
NON-PERFORMANCE OR INADEQUATE PERFORMANCE IS CAUSED BY APPLE’S, ITS EMPLOYEES’ OR
AGENTS’ WILFUL MISCONDUCT.
• For the purposes of relations with consumers Section 8 of the Plan should be worded as
follows:
FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION
LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL
RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. APPLE AT ITS SOLE
OPTION MAY DECIDE TO REPLACE OR REPAIR THE COVERED EQUIPMENT OR SUPPLY THE SERVICE.
NOTHING IN THIS PLAN SHALL PREJUDICE CONSUMER RIGHTS GRANTED BY THE APPLICABLE
MANDATORY LAWS.
THE LIABILITY OF APPLE, ITS EMPLOYEES AND AGENTS WHETHER IN THE EVENT OF TOTAL
OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE BY APPLE OF ANY OF ITS
CONTRACTUAL OBLIGATIONS OR LIABILITY IN TORT FOR DAMAGE TO PROPERTY OR FOR DEATH
OR PERSONAL INJURY IS NOT LIMITED OR EXCLUDED UNDER THIS PLAN INCLUDING CONSUMER
RIGHT TO SEEK FOR DAMAGES IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR
INADEQUATE PERFORMANCE BY APPLE OF ANY OF ITS CONTRACTUAL OBLIGATIONS.
• Section 9 of the Plan should be worded as follows:
If you are a consumer and have entered into this Plan via Apple Online Store or contact centre,
you may withdraw from this Plan within 10 days from its purchase, unless you have expressly
agreed that the coverage under this Plan is to begin before the lapse of the initial 10 days’ period