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Apple AppleCare Protection Plan for iPad User Manual

Page 36

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36

English

SPAIN
SECTION 8 -
8.1- IF YOU ARE A CONSUMER AS DEFINED IN THE SPANISH CONSUMER ACT, NOTHING IN THESE

TERMS AND CONDITIONS SHALL LIMIT, EXCLUDE OR AFFECT THE LEGAL RIGHTS THAT YOU
HAVE AS A CONSUMER IN CASE OF LACK OF CONFORMITY OF THE PRODUCTS.

8.2 - IF YOU ARE NOT A CONSUMER:
-

THESE TERMS AND CONDITIONS SET OUT THE FULL EXTENT OF OUR OBLIGATIONS AND
LIABILITIES IN RESPECT OF THE PLAN;

-

THERE ARE NO WARRANTIES, CONDITIONS OR OTHER TERMS THAT ARE BINDING ON US
EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS; AND

-

ANY WARRANTY, CONDITION OR OTHER TERM CONCERNING THE PLAN WHICH MIGHT
OTHERWISE BE IMPLIED INTO OR INCORPORATED IN THESE TERMS AND CONDITIONS
BY STATUTE OR REGULATION, CUSTOMARY LAW OR OTHERWISE (INCLUDING WITHOUT
LIMITATION ANY IMPLIED TERM AS TO QUALITY, FITNESS FOR PURPOSE, REASONABLE CARE
AND SKILL) IS HEREBY EXPRESSLY

EXCLUDED. IN PARTICULAR, APPLE WILL NOT BE RESPONSIBLE FOR ENSURING THAT THE PLAN
IS SUITABLE FOR YOUR PURPOSES.

8.3 - NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR

DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD.

8.4 - SUBJECT TO CLAUSE 8.3, AND TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW,

WE WILL NOT BE LIABLE UNDER THESE 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, BREACH OF
CONTRACT OR OTHERWISE.

8.5- SUBJECT TO CLAUSE 8.3, AND TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW,

OUR MAXIMUM AGGREGATE LIABILITY UNDER THE CONTRACT WHETHER IN CONTRACT, TORT
OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO US
IN RESPECT OF THE PLAN.