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Apple AppleCare Protection Plan for iPhone User Manual

Page 26

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26

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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”.

THE NETHERLANDS
Section 8 (Limitation of liability) is replaced by the following:
For consumers
The benefits conferred by this Plan are in addition to all rights and remedies provided to you by
the applicable mandatory (consumer) laws, including your right to seek for damages in the event
of total or partial non-conformity or inadequate performance by Apple of any of its contractual
obligations.
For non-consumers
This Plan sets out the full extent of Apple’s obligations and liabilities in respect of the performance
of any services under this Plan. There are no warranties, conditions or other terms that are binding
on Apple except as expressly stated in this Plan. Any warranty, condition or other term concerning