14.2. 3.2. Subject to these Terms and Conditions, Apple will supply to Customer (but not install) the Products and/or Services indicated on the Order Confirmation. 16.3. Customer shall comply with such requirements and any additional requirements as may be communicated by Apple from time to time. It does not cover Software, Services or third parties’ products and/or services. Terms & Conditions EFFECTIVE BEGINNING NOVEMBER 1, 2006. Customer shall not use Apple’s name, logo, trademarks, trade names, trade dress, design, look and feel or other proprietary rights (together “Proprietary Rights”) in any of it’s advertising, communications, publications or other work without the prior written permission of Apple. No waiver The waiver by either party of any default by the other party shall not waive subsequent defaults by such other party of the same or different kind. 10.4. In addition to the payment of recycling fees or similar duties, local law or recycling schemes may require importers or scheme members to comply with certain take-back, collection or recycling requirements. Exhibit 10.13 . Apple Audience MDSA [*****] APPLE INC. MASTER DEVELOPMENT AND SUPPLY AGREEMENT . Apple reserves the right to set off any amount owed by Apple to Customer against any amount due to it by Customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. Notwithstanding the foregoing, Apple reserves the right to institute proceedings against Customer in the courts having jurisdiction in the place where Customer has its seat or in any jurisdiction where a harm to Apple is occurring. “Business Day” means Monday through Friday, excluding all U.S. federal holidays. 4.2. Where Apple does so, it may charge these fees, levies or costs to Customer on the Product invoices. About these Terms and Conditions In these terms and conditions "we" and "us" mean Apple Computer International, and "you" means you the customer. 6.3. Prices do not include value added tax or other local taxes or duties (collectively “Taxes”). 6.2. Review applicable Developer Program license agreements. If Apple has reasonable grounds to believe that Customer will fail to comply with the present payment terms or with the agreed credit terms, Apple shall be entitled to postpone or to refuse delivery of an Order. General Terms and Conditions of Merejka sp. Subject to clause 14.5, repayment of such monies will be the extent of Apple’s liability to Customer if Apple is unable to deliver the Products and/or Services ordered by Customer. For under-shipments, Apple shall, at its sole discretion, issue a replacement shipment, or a credit to Customer’s account if Apple has granted credit terms to Customer within thirty (30) days of receipt of Customer written notice. Sales Policies. In these terms and conditions certain words spelt with initial capital letters are defined terms. In addition, your bank or credit card issuer may also charge you foreign conversion charges and fees, which may also increase the overall cost of your purchase. The Apple Store reserves the right at any time after receiving your order to accept or decline your order for any reason. 13. • Apple reserves the right to change the terms and conditions of sale at the Apple Store at any time. 14.5. 7.2. Learn about the terms and policies that apply to Apple developer technologies. You must provide the name and email address of the third party. Products purchased online from Apple will only be shipped to addresses within the U.S. and are subject to U.S. and foreign export control laws and regulations. 1. In these terms and conditions, references to “we” and “us” are to iFixTech Ltd trading as iFixTech, Total Software Solutions and PC Protect. Remote Support Terms and Conditions; Sales Policies; Certification Agreements and Policies; Price protection is only available for up to 10 units of a particular product. All sales at the Apple Store are governed by California law, without giving effect to its conflict of law provisions. 4.1. For your ease of reference these defined terms are listed together at the end of the terms and conditions. Apple works with other companies that help Apple provide Products and services to Customer. 14.3. 6.1. The Contract cannot be varied unless we agree to vary it in writing or by email. Should you be unable to use your iPhone due to an unauthorized software modification, its repair will not be covered under the warranty. • No Apple employee or agent has the authority to vary any of the Apple Store's policies or the terms and conditions governing any sale. Customer’s failure to inform Apple in this way shall constitute a waiver of any such claim. In the event of a contradiction, the Specific Terms and Conditions shall prevail. Apple reserves the right to change the terms and conditions of sale at the Apple Store Web site at any time. Customer shall maintain insurance for the Products after delivery to Customer by carrier until the Products are paid in full to the full replacement value of the Products and shall note Apple’s interest on the policy. See the Bomgar terms. Apple reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Apple Media Services Terms and Conditions; iTunes Gift Cards and Codes Terms and Conditions; ... AppleCare Protection Plan Terms and Conditions. Unless otherwise notified by Apple, the following shall apply. For that purpose, Customer grants Apple, or any party representing or elected by Apple, an irrevocable licence to enter the premises where the Products then are, and, at Apple’s option in so doing, act in the name of Customer. Apple reserves the right to change quantities available for purchase at any time, even after you place an order. Hardware and Software Open Menu Close Menu. Making unauthorized modifications to the software on an iPhone violates the iPhone software license agreement. If Customer does not accept Apple’s proposed substitution or the price modification, then Apple will cancel the Order and refund any money that Customer may have paid to Apple in respect of the Order. If you select in-store pickup, you may designate a third party to pick up your order. This service does not otherwise affect your statutory rights. 7.3. The third party will need to bring a government issued photo ID and order number for pickup. Or call 1‑800‑MY‑APPLE. For details on the use of Bomgar™Software and the provision of remote support by Apple, review the terms and conditions (not applicable in Europe, the Middle East, Africa, or India). If no Specific Terms and Conditions exist, then the terms and conditions contained herein including any information made available via an hyperlink herein (together “Terms and Conditions") shall apply to all quotations (“Quotations”) made by Apple and shall therefore constitute a sale agreement (“Agreement”) entered into between Apple and Customer, irrespective of whether Customer accepts these Terms and Conditions by a written acknowledgement, by implication, or by acceptance of Products and/or Services hereunder. Terms and Conditions. These Apple Reseller Store Terms and Conditions constitute Program Documentation and are by this reference incorporated into and made a part of the … The following Terms and Conditions, as referenced in and incorporated by the Contract Documents of VAN WELL NURSERY, INC. apply to the contractual relationship between VAN WELL NURSERY, INC. as Seller and all Buyers of its products. In these terms and conditions « Apple » means Apple Distribution International, having its registered offices at Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, and « Customer » means you the customer. • The preceding terms are the sole terms governing … Purchaser shall not (i) make Products or Services available in any country in contravention of any Export Laws, or any other law, and (ii) not make Products or Services available in a country for which an export license or other governmental approval is required without first obtaining all necessary licenses or other approvals. Terms and Conditions AppleCare Protection Plan (a) Do-It-Yourself Parts service where Apple requires return of the replaced part. 50% of all Apple devices use iOS 13. All Taxes, if any, due on account of purchases hereunder shall be paid by Customer. Such software may be included in ROMs or other semiconductor chips embedded in hardware, or it may be contained separately on disks or on other media. THE REMEDIES SET FORTH IN THIS AGREEMENT WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIM AGAINST APPLE UNDER OR RELATED TO THIS AGREEMENT. Once Apple has sent the Order Confirmation to Customer, Customer may not cancel the Order. Other Terms And Conditions * Apple and its vendors are not responsible for typographic or printing errors. Page 1/17 Apple Card Customer Agreement Your Apple Card Rates Interest Rates and Interest Charges Annual Percentage Rate (APR) for Purchases 10.99% to 21.99% when you open your account, based on your creditworthiness. Apple Watch from the Edition collection may only be returned or exchanged if it’s in its original, undamaged and unmarked condition after passing inspection at Apple’s offsite facility. We’ll be as brief as our attorneys will allow. In this Agreement "Software" means any Product which is software including without limitation operating systems, bundled software, stand alone software and downloadable software. Customer shall comply with all laws, regulations and orders of the United States, the United Nation Organization, and the member states of the European Union and the European Free Trade Association, applicable to the export, re-export, transfer or resale of products or the provision of services and related technical data (“Export Laws”). All invoices must be paid within the payment terms agreed with Apple. APPLE MAKES NO OTHER WARRANTY TO CUSTOMER, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW, APPLE SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS ANY STATUTORY WARRANTY ON HIDDEN DEFECTS. THIS MASTER DEVELOPMENT AND SUPPLY AGREEMENT [*****] is entered into by and among Apple Inc., a California corporation having its principal place of business at 1 Infinite Loop, Cupertino, California 95014, United States and Apple Sales International, an Irish corporation having its … Apple Developer Program. Then Apple tells me that the Terms & Conditions are 56 pages long and asks if I have read them and agree to them. If Apple accepts Customer’s Order, Apple will notify Customer of its acceptance by sending an Order Confirmation. Exhibit 10.13 . In that unlikely event, we invite you to review the following terms related to returning a product. 8.1. For non Apple-branded Products (including non Apple branded products contained in product bundles or promotions), all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. If Customer has agreed, either electronically or via a signed agreement with Apple to terms and conditions applicable to this sale of Product and/or Services, then those terms and conditions (“Specific Terms and Conditions”) shall apply to this sale of Product and/or Services. Terms and Conditions Your AppleCare Protection Plan (“APP” or “Plan”) is governed by these Terms and Conditions and constitutes your contract with the Apple entity described in section 7.l below (“Apple”). Trust us, we’re building them as fast as we can. We appreciate the fact that you like to buy the cool stuff we build. 3.3. In addition, please note the following: Should you return the AppleCare+ portion of your iPhone Upgrade Program, please note that you will lose your Upgrade Option as set forth under the terms of the iPhone Upgrade Program(Opens in a new window). By placing an Order, Customer agrees and understands that Apple may store, process and use data collected from Customer’s Order form or phone/fax/email Order for the purposes of processing the Order. 1. All Orders must quote the single Quotation Number provided in Apple’s Quotation or the Order cannot be processed. The Apple limited warranty covers Apple-branded hardware products only. This includes both in-warranty and out-of-warranty repairs. All Apple companies shall protect Customer’s information in accordance with the Apple Customer Privacy Policy available here. Apple may make partial shipments of Customer’s Orders, to be separately invoiced and paid for when due. 2.1. 16.2. All communications with Apple must include the single Quotation Number provided in Apple’s Quotation, and the exact nature of the discrepancy between the order and shipment in number or type of Products shipped. For additional information about Apple’s credit policy please click here. We appreciate the fact that you like to buy the cool stuff we build. The Apple Store sells and ships products to end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale. Customer acknowledges that products often contain not only hardware but also software, including but not limited to operating systems and applications. To receive the refund or credit you must contact Apple within 14 calendar days of the price change. The main thing to remember is that by placing an order or making a purchase at an Apple Store, you agree to the terms set forth below along with Apple’s Privacy Policy (Opens in a new window) and Terms of Use (Opens in a new window) . The following Terms and Conditions, as referenced in and incorporated by the Contract Documents of VAN WELL NURSERY, INC. apply to the contractual relationship between VAN WELL NURSERY, INC. as Seller and all Buyers of its products. If these features have been activated and cannot be disabled by the person in possession of the phone, Apple may refuse the return or exchange. For Products shipped pursuant to Apple’s standard practices in the last two (2) weeks of every Apple fiscal quarter during the term of this Agreement, Apple shall not issue credits or replace Products lost or damaged in transit. To view the agreements currently associated with your membership, visit … i. The limitations set forth in clauses 14.3 and 14.4 shall not apply to (i) any claim by Apple against Customer for violation of intellectual property rights, or (ii) for payment of the amount due to Apple by Customer for Products and Services purchased under the Agreement. Governing terms. Given the popularity and/or supply constraints of some of our products, Apple may have to limit the number of products available for purchase. 16.4. We also want to make sure you have a rewarding experience while The main thing to remember is that by placing an order or making a purchase at an Apple Store, you agree to the terms set forth below along with Apple’s Privacy Policy (Opens in a new window) and Terms of Use(Opens in a new window). • Apple reserves the right to change the terms and conditions of sale at the Apple Store at any time. Review applicable Developer Program license agreements. When a Software License Agreement is updated, an Apple School Manager Administrator or an Apple Business Manager Administrator must log into the program website to review and agree to the updated terms. IN NO EVENT SHALL ALL RECOVERIES, WHETER BASED ON A SINGLE CLAIM OR ON SEVERAL CLAIMS, EXCEED ONE HUNDRED THOUSAND EURO (€100,000). Return to Top. Apple may require a credit card For more information about Apple warranty service, please click here. Apple may make changes to any products or services offered via the Reseller Store, or to the applicable prices for any such products or services, at any time, without notice. Once we receive your Online or Call Center order, we’ll provide you with an email order confirmation. TERMS AND CONDITIONS OF SALE 1. In such circumstances Apple will contact Customer and may suggest alternative Products or Services that Customer might wish to purchase (at the same or different price). 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