Apple
Store for Education Institutions
Terms
& Conditions of Sale
Apple
Canada Inc. (“Apple”) sells Apple products to, among others, non-profit
institutional purchasers. As a
condition of ordering any of the Apple product on the Apple Store for Education
Institutions, the party ordering product (“Education Buyer” or “Buyer”)
represents and warrants to Apple that it (and any other related party approved
by Apple as an eligible purchaser) is a non-profit institutional purchaser.
If
Education Buyer has any current purchase agreement with Apple (e.g. an
Authorized Apple Dealer Sales Agreement, Higher Education Reseller Sales
Agreement, or similar agreement), then the terms and conditions of such
agreement shall apply to sales of product. If no such current agreement with Apple exists, then the
terms and conditions contained herein (“Terms & Conditions of Sale”) shall
apply to all quotations made and contracts of sale entered into between Apple
and Buyer, and Buyer shall be deemed to have accepted these Terms &
Conditions of Sale by placing with Apple an order for
Apple
product.
ELIGIBLE
BUYER
By
purchasing under these Terms & Conditions of Sale, Buyer represents and
warrants that Buyer is aware of and meets all of the criteria established by
Apple to be an eligible purchaser.
To purchase from the Apple Store for Education Institutions, an eligible
purchaser includes only non-profit educational institutional buyers who are
provincially accredited and who issue degrees or diplomas, including school
districts and their public and separate school systems, Boards of Education,
provincial universities and colleges, and community, vocational and technical
colleges. Apple reserves complete
discretion in making all eligibility determinations.
NO
RESALE
Products
purchased shall be for Buyer’s own use in its facilities in Canada and shall
not be purchased for the purpose of resale to another entity or
individual. Apple sells and ships
products only within Canada. No
shipments can be made to P. O. Box addresses or addresses outside of
Canada. Products may not be
purchased for export, either directly or indirectly.
ASSIGNMENT
Buyer
shall not assign these Terms & Conditions of Sale, or any interest therein,
or any rights hereunder without the prior written consent of Apple.
The
Apple Store for Education Institutions endeavours to offer you competitive
prices on current Apple products. Prices
shall be as set forth on the Apple Store for Education Institutions in effect
on the date the Buyer’s order is accepted by Apple. Prices include freight and insurance using an Apple-selected
carrier.
All
applicable sales and/or use taxes, duties and other imposts, if any, due on
account of purchases shall be paid by Buyer. Proof of tax-exempt status must be on file at Apple for any
order to be treated as a tax-exempt transaction. Please call Apple Education Sales Support at 1-800-800-2775
to place an order that is exempt from any tax.
MINIMUM
ORDER REQUIREMENT
Apple
may, without prior notice to Buyer, establish minimum requirements for the
volume of Product ordered at one time, and may establish handling charges for
orders that fall below such minimum order levels.
Given the
popularity of some products Apple may restrict the number of such items that
you may purchase. Any product
limit restrictions will be posted to the Apple Store for Education
Institutions. This information is
subject to change. Apple makes
every effort to ship your product from the Apple Store for Education
Institutions within 5 (five) business days of receiving your purchase order,
credit card approval or lease approval.
However, due to changes in product availability this can vary. Apple cannot guarantee specified
delivery dates. Apple will
endeavour to ship as closely as possible to your requests, but is not liable
for failure to do so. We encourage
Apple Authorized Purchasers to check "Order Status" on their store or
contact Apple Education Sales Support at 1-800-800-2775 for order status
information.
Apple
endeavours to stay at the forefront of technological advancement. For this reason, Apple reserves the
right to discontinue products or change specifications without notice.
PAYMENT
METHODS
All
orders shall be prepaid by Buyer, unless credit is first extended by
Apple. If credit is extended by
Apple, Buyer shall be invoiced upon shipment of product and Buyer shall pay
each invoice no later than THIRTY (30) DAYS from the date of invoice. Apple does not give discounts for prompt
or early payment. Upon Apple’s
request, Buyer shall provide financial statements to Apple. Apple reserves the right to change
credit terms at any time, for any reason, without prior notice. Time of payment is of the essence. All payments shall be in Canadian
funds.
If in
the judgment of Apple, the financial condition of Buyer at any time does not
justify delivery on the terms of payment above specified, Apple may require
full or partial payment in advance.
If Buyer becomes insolvent, or bankruptcy or other debtor’s relief
proceedings are instituted by or against Buyer, or Buyer makes an assignment
for the benefit of its creditors or is unable to meet its obligations as they
come due, any such event shall be deemed a material default hereunder,
entitling Apple to cease performance under these Terms & Conditions of Sale
and to avail itself of all legal and
equitable
remedies it may have against Buyer.
The Apple
Store for Education Institutions accepts Visa, MasterCard, and American Express
credit cards. At the time your
order is placed, Apple obtains a pre-approval from the credit card company for
the amount of the order. Credit
card billing occurs when your order ships.
If you
wish to apply for an Apple Lease to pay for your order, please contact your
Apple Account Executive or Apple Education Sales Support at 1-800-800-2775 for
more information.
The Apple Store accepts certified cheques and money orders as valid forms of payment. Personal
or business cheques are not accepted. If you wish to pay by certified cheque or money order,
you may order by phone at 1-800-MY-APPLE (692-7753). The certified cheque or money order must
be payable to Apple Canada Inc., and include your web order number and/or a copy of your order.
Please mail your payment to:
Apple Inc.
12545 Riata Vista Circle
MS: 198-4H50
Austin, TX 78754
USA
Apple must receive your payment within 10 calendar days or your order will be cancelled. Please
allow 1 business day for order processing after Apple receives you payment.
The Apple Store accepts bank wire transfers as a valid form of payment. If you would like to use
a wire transfer to pay for your order, please follow these steps:
1. Contact the Apple Store at 1-800-MY-APPLE (692-7753) and place an order by phone.
2. Obtain the final dollar total of your order including tax and any applicable shipping
charges from the Apple Store representative.
3. Have your bank electronically transfer the total dollar amount of your order referencing
your name and web order number to: Apple Canada Inc. c/o TD Canada Trust
Bank ID: 0004
Transit: 12772
Acct #0698 5206130
Processing time varies among banking institutions and can be delayed. Please allow 1 business
day for the processing of your wire transfer.
DEFAULTS
In the
event of any default by Buyer, Apple may decline to make further shipments
without in any way affecting its rights under these Terms & Conditions of
Sale. The due date of all Apple
invoices shall be accelerated so that they become due and payable immediately,
even if longer terms had been provided previously. If despite any default by Buyer, Apple elects to continue to
make shipments, Apple’s action shall not constitute a waiver of any default by
Buyer or in any way affect Apple’s legal remedies as a result of any such
default.
CONFIGURE
TO ORDER (“CTO”)
Apple is
pleased to offer product custom configured to your specifications, and
encourage you to review your order carefully. Since the product is built to your specifications orders for
CTO products cannot be changed, modified or cancelled once your order is in
production.
ELECTRONIC
SOFTWARE DOWNLOAD PROCESS
Education
institution customers may select downloadable software products for purchase at
the Apple Store for Education Institutions. In order to ensure that your Apple Electronic Software
Download/Keys is routed to the appropriate person in the institution, the
Electronic Software Download/Keys will be made available only to the original
proposer. Once the Apple
Authorized Purchaser at the institution completes the order, the original
proposal will receive a separate email acknowledgment that provides easy
download instructions.
If, during
download, the transmission is interrupted in any way, you can use your Apple
Store Account and password again to begin the downloading process.
Should you
have problems with the download, please contact Apple Education Sales Support
at 1-800-800-2775 or your local Apple Account Executive for additional
assistance.
Electronic
Software Download Refund Policy
If you are
unable to complete the transmission for any reason, you may request a credit to
your account for your electronically downloaded software. Please contact Apple Education Sales
Support at 1.800-800-2775 for refund requests. Electronic Software Download
refund requests must be received within 30 calendar days of the purchase date.
SOFTWARE
RIGHTS
(a)
Buyer acknowledges that Apple products often contain not only hardware but also
software. Software may be provided
on separate media, such as floppy diskettes or CD-ROM or may be included within
the hardware. Such software is
proprietary, is copyrighted, and may also contain valuable trade secrets and be
protected by patents. Buyer, as an
end user, is licensed by Apple directly to use any Apple software contained in
such product, subject to the terms of the license accompanying the product, if
any, and the applicable patent, trademark, copyright, and other intellectual
property, federal and provincial laws of Canada.
(b)
Unless Buyer has obtained Apple’s prior written consent, Buyer, in addition to
any obligations or restrictions set forth in any license which may accompany a
product, shall not copy the software, except to backup or for archival
purposes, and Buyer shall promptly affix to any such copy the same proprietary
and copyright notices as were affixed to the original. Buyer shall not disassemble, decompile,
reverse engineer, copy, modify, prepare derivative works thereof, or otherwise
change any of the software or its form.
You may
review examples of some of Apple's licenses, including limitations, by visiting
the web site below.
Software license information
Please be
aware, however, that your purchase is subject to the particular license that
accompanies the software and you must agree to the terms and conditions of that
license when you install the software.
That license may differ from the licenses you can review at the above
URLs. Be certain to read the
applicable license carefully before you install the software.
As a service to our customers, Apple provides ground shipping on every order over $75.00 at no additional charge. Orders shipped by Ground Service should arrive within 8-12 business days after shipping.
ÊIf you prefer a faster method of shipment, you may choose to pay for express shipping. Shipping charges are based on the total weight of the order. Express-shipped orders should arrive within 3-6 business days after shipping.
Signature is required for delivery: Most of our shipments contain valuable computer equipment. If you will not be at the shipping address to accept delivery of your product, consider shipping the item to an address where someone you trust will be available to sign for your package. Please note that we are not able to adjust the shipping address once a package has left Apple's warehouse. Title and risk of loss to all products will pass to you on delivery.
Undeliverable Packages: Occasionally packages are returned to us as undeliverable. When the carrier returns an undeliverable package to us, please contact us to make arrangements for reshipment.
Failed Delivery Attempts: Most of our carriers make three attempts to deliver a package. After three delivery attempts, the package will be returned to us.
Please
note that Apple only permits the return of unopened products due to an Apple
shipping or order processing error and that all other sales are final. All requests for return must be
approved by Apple Education Sales Support.
All
claims for shortages, defective or incorrect products must be filed by Buyer
with Apple within ten (10) days of purchase. Product damaged in transit or shipping errors should be
reported immediately to Apple.
If you
have received an incorrect product due to an Apple shipping or order processing
error, please use the following return process:
1. Please contact Apple Education
Sales Support at 1-800-800-2775 to request a Return Material Authorization
number (RMA#). A RMA request must be made within 10 days of purchase of the
product in accordance with Apple's return policy.
2. If the RMA is approved, a RMA
# will be issued. The support
representative will also provide you with information on how to return the
product to Apple.
3. In order to speed up the
process, the product must be returned unopened to the Apple warehouse within 30
days of the issuance of the RMA.
All products must be packed in the original, unmarked packaging
including any accessories, manuals, documentation and registration that shipped
with the product.
4. NOTE: If you discover what you believe to be
a product defect, outside the above categories, please contact Apple Education
Sales Support at 1-800-800-2775.
Such a defect, if any, is covered under the terms of your product's
warranty. Please refer to the
warranty information and other support documentation that came with your
product.
Dead On
Arrival (“D. O. A.”)
If you
discover that your product is wholly inoperable when it is delivered to you,
please call Apple Education Sales Support at 1-800-800-2775 within ten days of
purchase. Apple Education Sales
Support will determine if it is appropriate to offer you the following options:
*
Replacement: The same product that was ordered will be shipped to you at
Apple's expense. An Apple
Education Sales Support Representative will contact you with the replacement
product delivery time, and the process to return the inoperable product.
* Service:
You may have the product repaired; however, once serviced the product is no
longer eligible for replacement.
Product must be deemed inoperable when you receive it by Apple Education
Sales Support within ten days of purchase in order for you to receive a
replacement unit.
o This
policy regarding units that are inoperable when delivered only applies to
Apple-branded hardware products currently offered on the Apple Store for Education
Institutions. As new products are
offered Apple reserves the right to determine whether or not this policy
applies.
o The
policy does not apply to third party products which do not bear the Apple brand
name. You may call the
manufacturer directly to discuss the third party product.
o If Apple
Education Sales Support deems the product inoperable at delivery ten days after
purchase, Apple's standard product warranty will apply.
o If Apple
Education Sales Support does NOT deem the product inoperable at delivery
Apple's standard product warranty will apply.
o Shipping
and replacement units will be at Apple's expense.
o Apple
reserves the right to test products returned under this policy. If Apple determines that the customer
has misrepresented the condition of the product, Apple reserves the right to
impose a $500 fee, for wrongful return of the product.
If you
discover what you believe is a product defect for any Apple branded product
please contact Apple Education Sales Support at 1.800-800-2775. Such a defect, if any, is covered under
the terms of your product's warranty. Please refer to the warranty information
and other support documentation that came with your product. (Refer to the below Product Warranty
section for specific information about Apple's product warranties.)
Product
requiring repairs should be directed to an authorized Apple Service
Provider. Product deemed dead on
arrival (“DOA”) may be returned to Apple without a restocking fee. An RMA number must be obtained from
Apple within ten (10) days of purchase for
any
product being returned. Product
must be returned to Apple within thirty (30) days of an RMA number being
issued. Please consult an Apple
Education Sales Support associate for additional details regarding RMA policy.
If you
discover what you believe is a product defect for any third-party product
please contact the manufacturer directly for information regarding the manufacturers'
standard warranties.
Note:
Products sold through this Web site which do not bear the Apple brand name are
serviced and supported exclusively by their manufacturers in accordance with
terms and conditions packaged with the products. Apple's Limited Warranty does not apply to products that are
not Apple-branded, even if packaged or sold with Apple products.
Claims
& Payment Process: For all
product damaged or lost in transit in any week of the quarter, Buyer must
notify Apple Education Sales Support 1-800-800-2775 within ten (10) business
days from receipt of receiving damaged products, a short shipment, or not
receiving an expected order.
For
product shipped during weeks 1 through 12 of Apple's fiscal quarters, Apple
will either issue a credit or replace product damaged or lost in transit and
place claims and/or tracers on behalf of the Buyer. Apple will issue a credit or ship replacement product to the
Buyer upon receipt of the damaged product or confirmation of the lost product.
For
product shipped during week 13 during Apple's fiscal quarters, Apple will
prepare and file a claim with the third party insurance carrier with the Buyer
listed as the loss payee. Once the
insurance requirements are satisfied, the Buyer will receive a check from the
insurance carrier for the purchase price of the product rather than receiving
replacement product or credit from Apple.
Or, instead of receiving the check from the insurance carrier, the Buyer
can elect to assign insurance proceeds resulting from lost or damaged product
to Apple and Apple will credit the Buyer's account for the amount of the
insurance proceeds. The Customer will need to place a new order for replacement
product. Apple will extend the
Buyer's payment terms for the damaged or lost product until the claim filed
with the third party insurance carrier is resolved, and the Buyer's credit
limit will be adjusted if necessary to offset the outstanding claim amount.
Apple believes the insurance policy claim limits will be adequate to cover any
losses incurred by Buyer. However,
Apple will not be liable in the event the entire claim is not covered for any
reason, including exceeding the claim limits. Title and risk of loss to
returned product will pass to the insurance company upon shipment to Apple by
Buyer.
All Apple hardware products, including clearance and refurbished products, carry a
one-year Limited Warranty against defects in materials and workmanship. You may review a
copy of the Limited Warranty on new products, including its limitations and exclusions, before
you purchase, by clicking the appropriate link below.
Non-Apple-branded/Third-party products are sold AS IS by the Apple Store, but may
be accompanied by their manufacturers' standard warranties. AS IS products are sold by
Apple as is, where is, and with all faults, and without express or implied warranties from
Apple. If you have questions about any manufacturers' warranties that accompany such
products, please contact the manufacturer directly.
Note: Products sold through this Web site which do not bear the Apple Brand
name are serviced and supported exclusively by their manufacturers in
accordance with any terms and conditions packaged with the products (unless the
third-party product is preinstalled in an Apple-branded computer). Apple's
Limited Warranty does not apply to products that are not Apple-branded, even
if packaged or sold with Apple products. Please contact the manufacturer
directly for technical support and customer service.
One-year limited warranty for new products except iPod and iSight
CONTROLLING
LAW
The
validity, construction, and performance of these Terms & Conditions of Sale
shall be governed by and construed in accordance with the laws of the Province
of Ontario, without giving effect to its conflict of law provisions. In the event that any provision of
these Terms & Conditions of Sale is held by a court of competent
jurisdiction to be invalid or unenforceable, the remaining provisions of these
Terms & Conditions of Sale shall remain in full force and effect and
construed so as to best effectuate the intention of the parties. The parties agree that the exclusive
jurisdiction and venue for any action relating to these Terms & Conditions
of Sale shall be the courts of the Province of Ontario, and each of the parties
hereby submit to the exclusive jurisdiction and venue of such courts for any
such action.
TERM
AND TERMINATION
Unless
sooner terminated as provided herein, these Terms and Conditions of Sale shall
be in effect until further notice from Apple. The parties agree that neither party shall be obligated to
renew or extend these Terms and Conditions of Sale.
MODIFICATIONS
Apple
may unilaterally modify any of its policies, procedures and programs on thirty
(30) days notice to Buyer. No
attempted addition to, deletion from, or modification of any of the provisions
of these Terms & Conditions of Sale by Buyer shall be binding on Apple
unless it is in writing and signed by an authorized representative of
Apple. Apple’s failure to object
to any term or condition contained in any communication from Buyer shall not be
deemed a waiver of any provision herein.
Any waiver by either party of any provision of these Terms & Conditions
of Sale shall not be deemed to be a waiver of any other provision of these
Terms & Conditions of Sale, or a continuing waiver, but shall apply solely
to the instance to which the waiver is directed.
LIMITATION
OF LIABILITY
In no
event shall Apple be liable for incidental, consequential, indirect or special
damages including, without limitation, lost business profits or revenue,
downtime, goodwill, damage to or replacement of equipment and property, costs
of recovering, reprogramming or reproducing any program or data stored in or
used with Apple products. Direct
damages shall be limited to an amount not to exceed $100,000 per incident. This limitation is a critical element of the parties’
bargained-for consideration and will be effective even in the event Apple is
informed in advance of the possibility of such damages.
LIMITATION
OF REMEDIES
The
remedies set forth in these terms and conditions of sale shall be Buyer’s sole
and exclusive remedies for any breach of this agreement by Apple.
ENTIRE
AGREEMENT
These Terms & Conditions of Sale contain all the agreements, warranties understandings, conditions, covenants and representations made between Buyer and Apple. Neither Buyer nor Apple shall be liable for any agreements, warranties, understandings, conditions, covenants or representations that are not expressly set forth in these Terms & Conditions of Sale. Any different or additional terms or conditions in any purchase order, invoice or other such document submitted by Buyer are hereby expressly rejected by Apple and shall have no force or effect whatsoever and Apple specifically rejects any different or additional terms or conditions proposed by Buyer.
* Apple is
not responsible for typographic errors.
* No Apple
employee or agent has the authority to vary any of the Apple Store for
Education Institutions’ policies or the terms and conditions governing any
sale.