Apple Products, AppleCare for Enterprise and New Zealand Consumer Law

When you purchase Apple hardware products, in addition to your rights under the Consumer Guarantees Act 1993, you will receive coverage from the Apple One-Year Limited Warranty.

By purchasing the optional AppleCare for Enterprise, you also obtain additional benefits. The terms and conditions of your AppleCare for Enterprise plan are summarised below and set out in full in your invoice, your Plan Confirmation and in the terms contained from (apple.com/legal/applecare/).

If you decide for any reason that you’d like to cancel your AppleCare for Enterprise plan you can do this for a full refund within 5 days after receiving the agreement or where we have failed to comply with our disclosure obligations under the Fair Trading Act 1986, or as otherwise set out in section 11 of the terms.

Summary of protections provided by New Zealand consumer law, the Apple One-Year Limited Warranty and AppleCare for Enterprise

Summary of New Zealand statutory consumer guarantees

Your rights and remedies under AppleCare for Enterprise operate alongside, and in addition to, your rights under New Zealand consumer law. A summary of your rights under the Consumer Guarantees Act 1993 is set out below. 

Under New Zealand consumer law, the remedy you are entitled to if a product fails to meet a consumer guarantee will depend on whether the failure to comply with the guarantee is serious or minor, and whether it can be fixed.

AppleCare for Enterprise is provided to you by Apple Sales New Zealand. You can contact us at Apple Sales New Zealand, Level 15, 188 Quay Street, Auckland 1010 by phoning us on 0800 692 7753 or by emailing [email protected]

Where the failure is not serious, we may choose to offer you a refund, replacement, repair, or in the case of services, resupply.

Where the failure is serious or, in the case of a product, makes that product unsafe, you can choose from one of the remedies set out below:

Where you incur extra costs from a failure relating to an Apple product you have purchased from us, we will also pay you a reasonable amount for damage caused by any fault or for extra costs caused by the failure of the product.

If you discover a fault or failure in a product you have purchased from us, you should contact us on 0800 692 7753 or the supplier from whom you purchased your product. Where the failure is serious, you must contact us and request a refund as soon as possible after you discover the failure otherwise you may lose your right to that refund.

You must also give us a reasonable time to repair the failure. We do not have to cover the cost of a repair if you do not contact us about the failure of the product first.

For more information about AppleCare for Enterprise and your rights under the Consumer Guarantees Act 1993, you can visit apple.com/nz/legal/statutory-warranty/ or consumeraffairs.govt.nz/. 

You should retain a copy of your invoice and any applicable Plan Confirmation as it forms part of your AppleCare for Enterprise plan and includes important information such as the commencement date.

AppleCare for Enterprise
Terms and Conditions

AS A COMMERCIAL ENTERPRISE PURCHASER OF APPLE PRODUCTS PURSUANT TO AN APPLICABLE PURCHASE AGREEMENT (“UNDERLYING PURCHASE”), YOU ARE ELIGIBLE TO PURCHASE THE SUPPLEMENTAL WARRANTY SERVICE PLAN DESCRIBED HEREIN (“SERVICE PLAN”). BY CONTACTING APPLE FOR SUPPORT SERVICES OFFERED UNDER THIS SERVICE PLAN, YOU (HEREINAFTER, "ENTERPRISE" OR "YOU") AGREE THAT THE FOLLOWING TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN THE DELIVERY OF SERVICES UNDER THE SERVICE PLAN. PLEASE NOTE THAT SERVICES PROVIDED UNDER THE LIMITED WARRANTY IN YOUR EQUIPMENT PURCHASE AGREEMENT OR UNDER APPLICABLE LAW, AS THE CASE MAY BE, ARE GOVERNED UNDER THE TERMS OF THE RESPECTIVE PURCHASE AGREEMENT AND/OR APPLICABLE WARRANTY LAW. WITH RESPECT TO SERVICES THAT ARE GOVERNED BY THESE TERMS AND CONDITIONS, BY CONTACTING APPLE TO OBTAIN SERVICES UNDER THE SERVICE PLAN OR BY REGISTERING THE SERVICE PLAN, ENTERPRISE AGREES TO THESE TERMS AND CONDITIONS.

The rights described in these terms and conditions in respect of returns, refunds and warranties are in addition to your statutory rights.

1. The Service Plan Generally

This Service Plan is a non-insurance, supplemental warranty providing hardware service and technical support services for the Apple-branded products and the bundled accessories contained in the original packaging (“Included Devices”) listed in your Service Plan documentation (“Plan Confirmation”). This Service Plan is intended to ensure that the Included Devices obtained by you through the Underlying Purchase continue to perform at the high level of quality for which Apple has become respected. Your Plan Confirmation is incorporated by reference into these Terms and Conditions.

In addition to the Included Devices, Apple will also provide hardware service and technical support services for Apple-branded mice, Apple battery chargers, and other Apple-branded accessories purchased from Apple and used with the Included Devices (which together with the Included Devices are collectively referred to as the “Included Equipment”).

As more fully described below, this Service Plan includes three distinct benefits to Apple’s enterprise customers: (a) high-end express service provided on a next-business-day basis for repair or replacement services due under the existing warranty provisions of the original purchase agreement(s) applicable to the Included Equipment; (b) high-end repair or replacement service provided on a next-business-day basis for defects in materials and workmanship on Included Equipment after expiration of the warranty provision of the original hardware purchase agreement for an additional period determined by the warranty purchased; and (c) Enterprise-requested replacement of iOS devices or Mac or Apple-branded display replacement components ("Service Components") owned by Apple but made available to the Enterprise at its option. The Service Plan also provides enhanced IT support services to Enterprise, on a 24 hours a day, 7 days a week basis (“24/7 Basis”).

2. The Plan Term

The Service Plan begins upon Apple’s acceptance of Enterprise’s registration of the Service Plan, and the Service Plan ends on the date specified in your Plan Confirmation (“Plan Term”). Your Plan Confirmation will be provided to you at or about the time of purchase or sent to you automatically thereafter. Service under this Service Plan is additional to any services provided under applicable mandatory laws, the manufacturer’s hardware warranty contained in the applicable original purchase agreements, and complimentary technical support. Apple will not provide services beyond the end of this Service Plan.

3. Services Provided under the Service Plan

3.1 Hardware Service

If during the Plan Term, you submit a valid service request by notifying Apple that (i) a defect in materials and workmanship has arisen in the Included Equipment, or (ii) the capacity of the Included Equipment’s battery to hold an electrical charge is less than eighty percent (80%) of its original specifications, Apple will either (a) repair the defect at no charge using new parts or previously used Apple genuine parts that have been tested and pass Apple functional requirements, or (b) exchange the Included Equipment with a replacement device ("Replacement Device") that is new or comprised of new and/or previously used Apple genuine parts and has been tested and passed Apple functional requirements. Apple will use reasonable efforts to repair the Included Equipment. All Replacement Devices provided under this Service Plan will at a minimum have the same or substantially similar features (e.g., a different model with the same features, or the same model in a different color) as the original product. If Apple exchanges the Included Equipment, the original Included Equipment turned in to Apple becomes Apple’s property and the Replacement Device becomes the Enterprise’s property and shall be considered Included Equipment. The Service Plan will apply to the replaced Included Equipment for the remaining period of the Service Plan. Apple may use Included Equipment or replacement parts for service that are sourced from a country that is different from the country from which the Included Equipment or original parts were sourced.

3.2 Hardware Service Options

Apple will provide hardware services to the Enterprise through one or more of these options:

(i) Next Day On-site Service. Next day on-site service is available if the location of the Included Equipment is within the scope of the on-site service area, as described online at apple.com/nz/support/enterprise/onsite.html. When on-site service is requested within the service area, Apple will dispatch a service technician or designated courier to the location of the Included Equipment. Service will either be performed at the location, or the service technician or designated courier will transport the Included Equipment to an Apple Authorized Service Provider (“AASP”) or an Apple repair service (“ARS”) location for service. If service is repaired at an AASP or ARS location, Apple will arrange for transportation of the Included Equipment to the Enterprise following service. Apple will use reasonable efforts to provide a service technician or designated courier at the location within the response times specified on apple.com/nz/support/enterprise/onsite.html. If a service technician or designated courier visits a location at an agreed time and no Enterprise representative is available to provide access, Apple may charge a fee for the call. Further information about onsite service, including service area and response times, is available at apple.com/nz/support/enterprise/onsite.html.

(ii) Carry-in service. Carry-in service is available for most Included Equipment products, as long as the Enterprise has made arrangements with an Apple-owned retail store location or an Apple Authorized Service Provider (“AASP”) that offers carry-in service for testing and repair services, including providing the necessary Service Plan information. Service will be performed at the store or AASP location, or the store may send the Included Equipment to an Apple repair service (“ARS”) site for service. Once the Enterprise or its representative is notified that service is complete, the Enterprise or its authorized representative must promptly retrieve the Included Equipment or arrange for the Included Equipment to be delivered to your location within the on-site service area by calling your service representative. Apple will pay for shipping the Included Equipment to your location.

(iii) Mail-in Service. Direct mail-in service also is available for most Included Equipment products. If Apple determines that your Included Equipment is eligible for mail-in service and you choose this option, Apple will send or deliver to you prepaid way bills (and if you no longer have the original packaging, packaging material) and you will ship the Included Equipment to an ARS site in accordance with Apple’s instructions. Once service is complete, the ARS site will return the Included Equipment to you. Apple will pay for shipping the Included Equipment to and from your location if you follow all instructions.

(iv) Express Replacement Service (“ERS”) or Do-It-Yourself (“DIY”) Parts Service. ERS is available for certain Included Equipment products. DIY parts service is available for many Included Equipment parts or accessories, and this will allow your information technology or similar department (“IT Department”) to service your own Included Equipment, if you choose to do so. If ERS or DIY parts service is available, the following process will apply.

(a) Service where Apple requires return of the replaced Included Equipment or part. Apple may require a credit card authorization to serve as security for the retail price of the replacement Included Equipment or part and applicable shipping costs. If you are not able to provide credit card authorization, service may not be available to you and Apple will offer an alternative arrangement for service. Apple will ship a Replacement Device or part to you with installation instructions, if such are applicable, and any requirements for the return of the replaced Included Equipment or part. If you follow the instructions, Apple will cancel the credit card authorization, so you will not be charged for the Included Equipment or part and shipping to and from your location. If you fail to return the replaced Included Equipment or part as instructed or return a replaced Included Equipment or part that is ineligible for service for reasons stipulated in clauses 4.1.1 and 4.1.2, Apple will charge the credit card for the authorized amount.

(b) Service where Apple does not require return of the replaced product or part. Apple will ship you free of charge a Replacement Device or part accompanied by instructions for installation, if applicable, and any requirements for the disposal of the replaced product or part.

(c) Apple is not responsible for any labor costs you incur in respect to ERS or DIY parts service. Should you require further assistance with the ERS or DIY service after you receive the replacement part, you should contact your Apple representative as listed on your Service Plan.

3.3 Technical Support

3.3.1 IT Department Technical Support

Upon acceptance of Enterprise’s registration, Apple will provide technical support services (“Support Services”) on Apple software products or related technologies (“Supported Products”) for the applicable Service Plan, all as described at the following online webpage: apple.com/legal/sales-support/applecare/docs/AppleCare_ Service_Plan.pdf (“Service Plan Support Page”). Apple reserves the right to amend the Support Services provided and/or Supported Products included under the Service Plan, at any time, by posting updates to the Service Plan Support Page. Apple will not amend the Support Services and/or Supported Products in a way that (i) materially reduces the benefits provided to Enterprise under the Support Services, (ii) materially impacts Apple’s obligation to deliver the Support Services to Enterprise, or (iii) materially impacts the rights or benefits that Enterprise receives under the Support Services. For any updates that affect Enterprise’s Service Plan, Apple will notify Enterprise of the update via the email address registered by Enterprise no less than thirty (30) days’ prior to the effective date of the update. The terms described at the Service Plan Support Page, as may be amended from time to time, are incorporated into these Terms and Conditions as if fully set forth herein. In the event of any inconsistencies between the terms in this document and the terms at the Service Plan Support Page, the terms at the Service Plan Support Page will govern.

3.3.2 End-User Technical Support

During the Plan Term, Apple will provide your end-users with access to telephone and web-based technical support resources (“End-User Technical Support”) on a 24/7 Basis

as described on the Service Plan Support Page: apple.com/legal/sales-support/applecare/docs/AppleCare_ Service_Plan.pdf. Apple reserves the right to amend the End-User Technical Support included under the Service Plan, at any time, by posting updates to the Service Plan Support Page. Apple will not amend the End-User Technical Support in a way that (i) materially reduces the End-User Technical Support benefits provided to Enterprise, (ii) materially impacts Apple’s obligation to deliver End-User Technical Support Services to Enterprise, or (iii) materially impacts the rights or benefits that Enterprise receives under the End-User Technical Support. For any updates that affect Enterprise’s Service Plan, Apple will notify Enterprise of the update via the email address registered by Enterprise no less than thirty (30) days prior to the effective date of the update. The terms described at the Service Plan Support Page, as may be amended from time to time, are incorporated into these Terms and Conditions as if fully set forth herein. In the event of any inconsistencies between the terms in this document and the terms at the Service Plan Support Page, the terms at the Service Plan Support Page will govern.

End-User Technical Support may include assistance with installation, launch, configuration, troubleshooting, and recovery (excluding data recovery), including storing, retrieving, and managing files; interpreting system error messages; and determining when hardware service is required. Apple will provide support for the then-current version of the supported software, and the prior Major Release. For purposes of this section, the term "Major Release" means a significant version of software that is commercially released by Apple in a release number format such as "1.0" or "2.0" and which is not in beta or pre-release form.

3.4 Scope of End-User Technical Support

Under the Service Plan, Apple will provide End-User Technical Support for the following:

(i) Included Equipment.

(ii) macOS, iOS, tvOS, and watchOS operating systems (“OS”) and Apple-branded software applications that are designed to operate with the Included Equipment, including, but not limited to, Keynote, Pages, Numbers, Photos, iMovie, GarageBand, Aperture, Final Cut Pro, Logic Pro, Motion, Compressor, MainStage (also referred to collectively as “Software”). Apple will also provide technical support using the graphical user interface for server administration and network management issues on Apple’s operating system server software (“macOS Server”) on a Mac.

(iii) Connectivity issues between Included Equipment and a Supported Computer. A “Supported Computer” means a computer that meets the Included Equipment’s connectivity specifications and runs an operating system supported by the Included Equipment.

3.5 Service Component Replacement Pools (“Service Pools”)

During the Plan Term, Apple will make available to Enterprise two (2) replacement pools of inventory owned by Apple to replace Service Components for any reason (each request referred to as a, "Fulfillment Request").

3.5.1 Device Pool

Apple will make available a pool of Service Components to the Enterprise consisting of the relevant iPad, iPhone, and iPod touch Apple devices (the “Device Pool”) that are new or comprised of new and/or previously used Apple genuine parts and has been tested and passed Apple functional requirements. The total number of Device Pool Fulfillment Requests permitted by the Enterprise shall not exceed the following percentage of the total number of Included Devices that are under the Service Plan, depending on the Service Pool feature purchased as reflected on your Plan Confirmation:

Enterprise may, except as described in section 4.1.1, draw from the Device Pool to replace an iPad, iPhone or iPod touch Included Device at any time and for any reason (each draw constituting a single Fulfillment Request), subject always to the availability of relevant Service Components remaining in the Device Pool, and so long as Enterprise returns the Included Device that will be replaced to Apple. The Included Device that is returned to Apple shall become Apple’s property, without lien or other encumbrance, and the replacement from the Device Pool shall become the property of the Enterprise, without lien or other encumbrance. Device Pool replacements will be the same model as the Included Device returned to Apple.

3.5.2 Component Pool

Apple will make available a pool of Service Components to the Enterprise consisting of all relevant Mac or Apple-branded display component parts sufficient to fully rebuild any Mac or Apple-branded display Included Device (the “Component Pool”) that are new or comprised of new and/or previously used Apple genuine parts and has been tested and passed Apple functional requirements. Apple shall have discretion to determine which parts need to be replaced in order to make a Mac or Apple-branded display Included Device functional again. Each Fulfillment Request by Enterprise shall, regardless of the number of individual parts needed to fulfill the request, be deemed a single Fulfillment Request. Apple will install the replacement Service Component without cost to the Enterprise. The number of Component Pool Fulfillment Requests permitted by the Enterprise shall be equal to the following percentage of the total number of Mac or Apple-branded display Included Devices under the Service Plan, depending on the Service Pool feature purchased, which shall be reflected on your Plan Confirmation:

Any parts drawn from the Component Pool and installed into a Mac or Apple-branded display Included Device shall become the Enterprise's property, without lien or other encumbrance. Any parts removed from a Mac or Apple-branded display Included Device during installation of parts from the Component Pool shall become Apple's property, without lien or other encumbrance.

If this Service Plan ends for any reason prior to the Enterprise’s use of all available Service Components in the Device Pool and / or the Component Pool, Enterprise’s interest in and access to the Service Components in such Pool(s) shall immediately cease, and the Service Components in such Pool(s) shall immediately revert to Apple’s sole and unconditional ownership.

3.5.3 Service Plan Applies to Service Components

The Service Plan shall apply to all Service Components, and each Service Component shall itself become, or be included within, an Included Device for the balance of the Term of the Service Plan.

3.5.4 Failure to Provide Replaced Service Components to Apple

If Enterprise requests a replacement for any reason from its available Service Pools on the basis that Enterprise intends to return the replaced device or component, but fails to make such return to Apple within 14 business days of receipt of the Service Component, or as otherwise specified in Apple’s procedures or in writing by Apple, the Enterprise will be charged for the Service Component at the then current manufacturer suggested retail price for the device or component supplied to the Enterprise. In these circumstances, the Service Component will not itself become, or be considered part of, an Included Device under this Service Plan.

4. Plan Limitations

4.1 Hardware Service and Service Pool Limitations

4.1.1 Limitations Applicable to Both Hardware Service and Service Pool

The hardware services described in section 3.1 and access to the Service Pool described in section 3.5 do not apply to:

(i) Installation, removal or disposal of the Included Equipment, or the provision of equipment while the Included Equipment is being serviced or repaired;

(ii) Included Equipment with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the manufacturer;

(iii) Included Equipment that has been lost or stolen;

(iv) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate any electronic hardware or software, or components thereof, that are used to store, process, access, transmit, or receive information within Included Equipment as a result of any cause or loss other than covered losses specifically stated in this Plan, including any unauthorized access or unauthorized use of such system, a denial of service attack, or receipt or transmission of malicious code; or

(v) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate any electronic data stored within Included Equipment, including any such loss caused by unauthorized access or unauthorized use of such data, a denial of service attack, or receipt or transmission of malicious code.

4.1.2 Limitations Applicable to Only Hardware Service

The hardware service described in section 3.1 does not apply to:

(i) Damage caused by (a) a product that is not the Included Equipment, (b) abuse, recklessness, willful or intentional conduct, misuse, liquid contact other than as a result of defect in material and workmanship, fire, earthquake, flood or other external cause, (c) operating the Included Equipment outside the permitted or intended uses described by the manufacturer, or (d) service (including hardware upgrades and expansions) performed by anyone who is not a representative of Apple or an AASP;

(ii) Cosmetic damage to the Included Equipment that does not otherwise affect the functionality of the Included Equipment, including, but not limited to, scratches, dents, and broken plastic on ports;

(iii) Preventive maintenance on the Included Equipment;

(iv) Included Equipment containing hazardous material, including, but not limited to, biological materials and allergens that present a risk to human health;

(v) Defects caused by normal wear and tear or otherwise due to normal aging of the product; or

(vi) Excessive or catastrophic damage (e.g., Included Equipment that is crushed, bent, or partially or wholly submerged in liquid).

4.2 Technical Support

The technical support described in section 3.3 of this Service Plan does not include:

(i) Issues that could be resolved by upgrading software to the then current version, provided, however, that Apple will provide Enterprise with instructions and support on upgrading software;

(ii) Enterprise’s or its employee’s or agent’s use of or modification to the Included Equipment, the OS, or Software in a manner for which the Included Equipment or Software is not intended to be used or modified;

(iii) End-User Technical Support for third-party products and software or their effects on or interactions with the Included Equipment, the OS, or Software;

(iv) Technical Support for OS software or any Apple-branded software designated as “beta”, “prerelease,” or “preview” or similarly labeled software;

(v) End-User Technical Support for macOS software for servers, except when using the graphical user interface for server administration and network management issues in macOS Server on a Mac;

(vi) Third-party web browsers, email applications, and internet service provider software, or the OS configurations necessary for their use;

(vii) Damage to, or loss of any software or data residing or recorded on the Included Equipment; Recovery and reinstallation of software programs and user data are not included under this Service Plan;

(viii) Issues relating to internet, scripting, FX scripting, programming, compiling, debugging, infrastructure design, content creation, content customization, multimedia project planning/design, resource management, budgeting, training, or other issues except as otherwise specifically described as being within the scope of the Support Services under your Service Plan;

(ix) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate any electronic hardware or software, or components thereof, that are used to store, process, access, transmit, or receive information within Included Equipment as a result of any cause or loss other than covered losses specifically stated in this Plan, including any unauthorized access or unauthorized use of such system, a denial of service attack, or receipt or transmission of malicious code; or

(x) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate any electronic data stored within Included Equipment, including any such loss caused by unauthorized access or unauthorized use of such data, a denial of service attack, or receipt or transmission of malicious code.

5. Technical Support Limitations

5.1 Support Incidents

A “Support Incident” is a specific, discrete problem whose origin can be isolated to a single cause. Apple will make best efforts to resolve a Support Incident but does not guarantee that Support Incidents will be resolved. Apple, in its sole and reasonable discretion, will determine what constitutes a Support Incident and, to the extent permitted by law, if the Support Incident is resolved. Generally, a Support Incident is resolved when Enterprise receives one of the following: (a) information that resolves the problem; (b) information on how to obtain a software solution that will resolve the problem; (c) notice that the problem is caused by a known, unresolved issue or an incompatibility issue with a Supported Product; (d) information that identifies the problem as being resolved by upgrading to a newer release of the Supported Product; or (e) notice that the problem has been identified as a hardware equipment issue.

5.2 Response Times

Apple will provide Support Services on a 24/7 Basis, subject to the exceptions described in the Service Plan’s Hours of Operations described on the Service Plan Support Page. Apple will make best efforts to respond to a Support Service request diligently within the response time described under the Service Plan, but does not guarantee that a resolution will be provided within a specific time period.

5.3 Use

Support Services are not intended for use in connection with high risk activities or functions, including, without limitation, the operation of nuclear facilities, aircraft navigation, communication systems, systems used to dispatch first responders, air traffic control services, life support systems or services, or other activities in which the failure of the Support Services quickly to attain a desired result could lead to death, personal injury, or severe physical or environmental damage.

5.4 Technical Contacts

Support Services are provided to persons or agents designated by Enterprise at time of registration and as allowed under the Service Plan (“Technical Contacts”). Technical Contacts are the sole liaisons between or on behalf of Enterprise and Apple for technical support of the Service Plan. If Enterprise wishes to change the Technical Contacts, Enterprise must give no less than five (5) days written notice of the change to Apple at the applicable address listed below or enter the changes directly via the Enterprise’s secure, customized website as described in the instruction documents delivered at the start of the Service Plan.

6. Obtaining Service and Support

You may obtain services by following the instructions provided in your Plan Confirmation.

7. Enterprise Responsibilities

7.1 General

To receive Services, Enterprise must register the Service Plan and follow the access instructions provided by Apple. Enterprise is responsible for all fees in establishing and maintaining email and telephone communications with Apple. Enterprise will cooperate with Apple when requesting Support Services by providing information to Apple necessary to assist in diagnosing any technical issue. Enterprise is responsible for any and all restoration or reconstruction of lost or altered files, data, or programs. Enterprise will maintain and implement a complete data backup and disaster recovery plan. Enterprise is solely responsible for any and all security of its confidential, proprietary or classified information. Enterprise and its Technical Contacts will not disclose to Apple confidential, proprietary or any information that is subject to intellectual property rights, which may expose Apple to liability. Enterprise and its Technical Contacts will have a reasonable understanding of the Supported Products for which it seeks Support Service and the computer system on which it is operating. Enterprise may not transfer Support Services to a third party. Support Services are provided for the internal use of Enterprise only, and any unauthorized distribution of the Support Services will be grounds for immediate termination of this Service Plan. Enterprise will take reasonable measures to prevent the unauthorized distribution and use of Support Services. Enterprise will not abuse its receipt or use of Support Services, including, but not limited to, accessing Support Services to perform routine updates or other task reasonably within the purview and skill of Enterprise’s own IT Department.

In the event that Support Services are provided at an Enterprise’s location as part of a Service Plan, Enterprise will ensure that Apple or its authorized representative is granted access to the location at the arranged time. Enterprise will secure a safe working environment sufficient for Apple to perform the Support Services.

7.2 Minimum Fleet

Enterprise is required to maintain a minimum of 200 Included Devices actively enrolled with AppleCare for Enterprise ("Minimum Fleet") at all times during the Term of this Service Plan. If at any time during the Term of this Service Plan Enterprise's fleet size falls below 200 for more than twelve (12) months, Enterprise shall be deemed to be in breach of the Terms of this Service Plan and this Service Plan may be cancelled by Apple pursuant to Section 11 - Cancellation. Further, Apple may permit Enterprise to purchase AppleCare for Enterprise on additional devices during the Term of this Service Plan to expand Enterprise’s fleet size or to maintain its Minimum Fleet requirement. Available pricing and term of service may vary.

8. Remote Access Support Services

As part of the Service Plan, Apple may provide Support Services via internet remote access, whereby it will access, and if permitted by Enterprise, control and gather, information on Enterprise’s computer through the installation and use of remote access software. Installation and use of the remote access software by or on behalf of Enterprise indicates its permission for Apple to provide Support Services in this way. All or portions of the remote access software files may remain on Enterprise’s computer after the Support Service session is finished. Title to the remote access software and all intellectual property rights included therein remains with Apple and/or its licensors. Use of the applicable remote access software may be subject to additional licensing terms available at apple.com/legal/sales-support/remote-support/. Enterprise may not disassemble or reverse engineer any portion of the remote access software. While remote access Support Services are provided, Apple will only access, control and gather information on Enterprise’s computer that it reasonably believes is necessary to analyze and provide assistance for the Support Incident. Apple recommends that Enterprise close all files and applications that are not pertinent to the Support Incident. The remote access software or the features of Enterprise’s computer will allow Enterprise to terminate the remote access Support Service session at any time.

9. Disclaimer of Warranty

ALTHOUGH APPLE CANNOT GUARANTEE THAT A SUPPORT INCIDENT WILL BE RESOLVED, APPLE WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES UNDER THE SERVICE PLAN IN A PROFESSIONAL MANNER. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, APPLE AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATING TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

In relation to support services under the Service Plan: Our services come with guarantees that cannot be excluded under the Consumer Guarantees Act. For serious failures with the service, you are entitled:

• to cancel the contract; or
• to keep the contract and negotiate a reduced price for the drop in value of the service — this may mean asking for some of your money back if you have already paid.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure is not serious, Apple may resupply the services. If this is not done, or it takes too long, you may cancel the contract or have the failure remedied elsewhere and recover the costs from Apple depending on the circumstances.

10. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, APPLE'S AND ITS LICENSOR’S LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY ENTERPRISE FOR THE SERVICE PLAN ORDERED BY ENTERPRISE. IN NO EVENT SHALL APPLE AND ITS LICENSOR HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY (WHETHER IN TORT, INCLUDING NEGLIGENCE, CONTRACT, OR OTHERWISE), WHETHER OR NOT APPLE AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OTHER DISCLAIMERS MAY BE CONTAINED IN THE LICENSING TERMS APPLICABLE TO THE REMOTE ACCESS SOFTWARE AVAILABLE AT apple.com/legal/sales-support/remote-support/.

11. Cancellation

You may cancel this Service Plan at any time for any reason. If you decide to cancel this Service Plan, you may call Apple at 00800-7666-7666 to do so, or you may send notice with your Plan Agreement Number to Apple Sales New Zealand C/O PO BOX A2629, Sydney South, NSW 1235. You must send a copy of the Service Plan’s original proof of purchase with your notice. Unless local law provides otherwise, if you cancel within thirty (30) days of purchase of the Service Plan, or receipt of the Service Plan, whichever occurs later, you will receive a full refund less the value of any service provided under the Service Plan. If you cancel more than thirty (30) days after your receipt of this Service Plan, you will receive a pro rata refund of the original purchase price. The pro rata refund is based on the percentage of unexpired Service Plan term, less the value of any service provided to you under the Service Plan.

Unless applicable local law provides otherwise, Apple may terminate a Service Plan at any time (a) if after providing Enterprise no less than fifteen (15) days’ prior written notice, Enterprise fails to pay fees due for a Service Plan, (b) if after providing Enterprise no less than thirty (30) days’ prior written notice, Enterprise fails to cure a breach of these Terms and Conditions, (c) if Enterprise breaches a term of any software license agreement governing the use of software provided under a Service Plan, or (d) for fraud or material misrepresentation by Enterprise, its employees or agents. Unless applicable local law provides otherwise, Apple may also cancel this Service Plan if service parts for the Included Equipment are not available, upon thirty (30) days’ prior written notice. If Apple cancels this Service Plan for the unavailability of service parts, you will receive a pro-rata refund for the Service Plan’s unexpired term. Sections 9, 10 and 15 will survive termination of this Service Plan for any reason.

12. Apple; Governing Law

‘Apple’ is Apple Sales New Zealand c/o PO Box A2629, Sydney South, NSW 1235, 0800 692 7753. IT IS AGREED THAT THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF NEW ZEALAND, AND ITS COURTS WILL HAVE JURISDICTION OVER THE MATTER.

13. Use of Software

In the event that software is provided as part of a Service Plan, such software is the copyrighted works of Apple Inc. and/or its licensors. Enterprise may install, reproduce, and use the software exclusively for the purpose of supporting the Supported Products, but, except as permitted by applicable law, may not decompile, reverse engineer, modify, rent, lease, loan or create derivative works in the software. If the software is subject to the terms of a separate license agreement, the terms of the separate license agreement will govern the use of the software. Any software that is made available to the United States Government under these Terms and Conditions is classified as “restricted computer software” as defined in clause 52.227-19 of the Federal Acquisition Regulations (“FAR”). The United States Government’s rights to the software are as provided in clause 52.227-19 of the FAR.

14. Data Protection and Privacy

Enterprise agrees and understands that it is necessary for Apple to collect, process and use Enterprise data in order to perform the service and support obligations under the Service Plan. This may include transferring Enterprise data to affiliated companies or service providers in accordance with the terms of the Apple Privacy Policy (apple.com/legal/privacy). Apple will protect Enterprise’s information in accordance with the Apple Privacy Policy. If employees of the Enterprise wish to have access to the information that Apple holds concerning them or if employees of the Enterprise want to make any changes, the employees of the Enterprise may update their contact preferences by accessing the Privacy Update webpage (apple.com/contact/myinfo). Apple may record part or all of the calls between Enterprise’s representatives or Technical Contacts and Apple for training, quality assurance and reference purposes.

Important - Apple may be obligated as a matter of law and policy to report to law enforcement certain images if viewed during a support session. Enterprise should advise its employees, agents and contractors who may be in possession of Included Equipment of this obligation.

15. Miscellaneous

15.1 No Assignment

Enterprise may not assign its rights or obligations under a Service Plan without the prior consent of Apple. Any unauthorized assignment will be void.

15.2 Force Majeure

Apple will not be liable for performance delays or for non-performance due to causes beyond its reasonable control.

15.3 No Waiver

A waiver of any breach or default under this Service Plan shall not constitute a waiver of any subsequent breach or default.

15.4 Enforceability

If a court of competent jurisdiction holds that any provision of this Service Plan is invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and economic effect of the Service Plan.

15.5 Entire Agreement

The Service Plan, including any additional terms referenced on the web pages referenced and incorporated herein, constitutes the entire agreement between Apple and Enterprise with regard to the Service Plan, including the Support Services and Service Pools, provided hereunder and supersedes all prior negotiations, agreements, and understandings with respect to the subject matter, and no addition to or deletion from or modification of any of the provisions hereto shall be binding upon Apple unless made in writing and signed by an authorized representative of Apple. Any term or condition on any order or other document submitted by Enterprise shall be of no force or effect whatsoever, and is specifically rejected.

110123 Master Terms AppleCare for Enterprise – New Zealand v2.4