Terms and Conditions of the Reseller BTO Apple Store

U.S. Sales Only
The Reseller BTO Apple Store sells and ships products to authorized Apple resellers only within the continental United States, Alaska, and Hawaii. No shipments are made to APO addresses, United States territories, or addresses outside the United States. Resellers may not export products purchased through the Reseller BTO Apple Store, directly or indirectly.

Ordering
Orders for BTO product will only be accepted via the Reseller BTO Apple Store web site. All orders are subject to acceptance by Apple. Apple will not accept purchase orders or orders submitted via fax, phone, email, or mail.

Payment Methods
For all purchases, payment must be made by the reseller at the time of order. Apple will not accept payments directly from the end customer.

Credit Card
The Reseller BTO Apple Store accepts Visa, MasterCard, American Express and Discover cards. Apple will take a reserve against reseller's credit card at the time the order is placed. Reseller's credit card will be billed when the order is invoiced.

Cashier's Check, Money Order, or Wire Transfer
Payment by cashier's check or money order must be made payable to Apple Computer, Inc. Mail payment with a copy of the order to the address below:

Apple Computer, Inc.
Attn: Build To Order Program
M/S 198-CSR
2429 Ridgepoint Drive
Austin, TX 78754

To wire payment to Apple, provide your bank with the following information:

Apple Computer, Inc. c/o Bank of America, Chicago
ABA#: 071000039
Acct#: 7170823
Reference: WEB-BTO XXXXX (where XXXXX is your web order number)

Orders will be placed on hold until full payment is received. Apple must receive payment within 14 days or the order will be canceled.

Prices
The price shall be the LOWER OF:
• Apple's price as shown on the Web Order, OR
• Apple's price on the date of invoice.

In the event the net price of an order is lower than the payment submitted by reseller for such order, a refund will be remitted to reseller quarterly.

NOTE: For partial shipments, the price for the same item may vary based on the date of invoice.

Price Protection
Apple does not offer price protection on product purchased through the Reseller BTO Apple Store.

Product Availability
Some products may be available in limited quantities. Apple reserves the right to restrict the number of such items that reseller may purchase. The Reseller BTO Apple Store web site will notify reseller of limitations on product availability and purchasing. This information is subject to change.

Shipping Information
Apple will only ship product to the reseller locations designated on the Reseller BTO Apple Store enrollment form. Apple will not ship product purchased through this program directly to an end customer or any other ship-to location.

Under this program Apple offers two shipping methods: Standard (Apple pays freight) for no charge or Express for an additional charge. Orders shipped Standard should arrive 3-7 business days after shipping. Orders shipped Express should arrive 1-2 business days after shipping.

Apple shall not be liable for any failure to meet a projected delivery date. Apple will not accept reseller requests for scheduled deliveries. Apple will ship products upon completion and may make partial shipments on account of reseller's orders, to be separately invoiced upon shipment. Title to all shipped product shall pass to reseller at Apple's shipping location. When shipping pursuant to Apple's standard practices, Apple will place tracers, file claims and replace product lost or damaged in transit.

Should orders for product or BTO components exceed Apple's available inventory, Apple will allocate its available inventory, ship or build such products, and make deliveries (including partial shipments) as Apple deems equitable, in its sole discretion and without liability to reseller.

Limited Warranty to Reseller
Apple warrants to reseller that any products purchased directly from Apple shall conform to the general description of that product on the applicable Web Order and shall not be inoperable upon first use. These warranties are non-transferable.

Reseller's sole and exclusive remedies for any breach by Apple of the foregoing warranties shall be replacement of the non-conforming unit upon return of such unit to Apple. Reseller shall have TWO (2) BUSINESS DAYS from the date of receipt of product to notify Apple of a suspected warranty breach and receive a return authorization or the above warranties shall expire. BTO product returns must be shipped to Apple separately from any other product returns. Please refer to the Reseller BTO Apple Store RMA Request Form for additional information related to the returns process.

No Returns Policy
Product purchased through the Reseller BTO Apple Store are not eligible under Apple's standard product returns policy and may not be returned to Apple for any reason, except under the exchange provisions stated in the warranty section above.

Order Cancellation
Orders may be canceled up to the time the order is released to production. Desktop systems and servers are released to production approximately two weeks before the order is shipped. PowerBooks are released to production approximately three weeks before the order is shipped. To request the cancellation of an order, contact Apple Reseller Sales Support at 1-800-793-2378 and provide the Web Order Number you received when the order was placed. Requests for cancellation received after your order is released to production will be rejected.

No AppleFund or Apple Specialist Resource Fund
Purchases made through the Reseller BTO Apple Store are not eligible for AppleFund or Apple Specialist Resource Fund dollars.

Minimum Advertised Price
The AppleFund Minimum Advertised Price (M.A.P.) Guidelines apply to reseller's advertisement of products acquired through the Reseller BTO Apple Store. The M.A.P. price for all BTO product acquired through the Reseller BTO Apple Store is the reseller acquisition cost divided by .92. Any deviations from the Guidelines may result in a reduction in AppleFund and/or Apple Specialist Resource Fund payments.

Volume Bar/Purchase minimum
Purchases made through the Reseller BTO Apple Store do not apply toward any applicable Volume Bar and/or Purchase minimum.

Other Terms and Conditions
Apple is not responsible for typographic errors. Apple reserves the right to change the terms and conditions of sale at the Reseller BTO Apple Store at any time. All sales at the Reseller BTO Apple Store are governed by California law, without giving effect to its conflict of law provisions. No Apple employee or agent has the authority to vary any of the Reseller BTO Apple Store's policies or the terms and conditions governing any sale.