1. About these Terms and Conditions In these terms and conditions "we", "us" and Apple mean Apple Xemplar Education Limited having its registered offices at 100 New Bridge Street, London EC4V 6JA, England, and "you" means you the Customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions shall apply to your Order for the supply of Products and Services. No other terms and conditions shall apply, including but not limited to any terms and conditions stated on Orders placed by you, unless Apple expressly agrees to such terms and conditions in writing by signature of an authorised signatory of Apple Xemplar Education Limited. The Contract cannot be varied unless we agree to vary it in writing by signature of an authorised signatory of Apple Xemplar Education Limited. No party other than the Customer and Apple shall be entitled to any legal rights under the Contract.

2. Placing Your Order

2.1 Your Authorised Purchasing Manager and the Authorised Purchasers may place an Order on your behalf by filling in the Order Form on the Apple Store for Education Institutions Web Site, submitting the user ID and password and clicking on the appropriate submission button. Alternatively, your Authorised Purchasing Manager and the Authorised Purchasers may place an Order on your behalf by fax at the following fax number: 0800 912 7760. Please ensure at your own responsibility when faxing the Order that the Order (i) is duly signed by the Authorised Purchasing Manager or an Authorised Purchaser and (ii) either stamped with the Customers official stamp or printed on the Customers letterhead. Orders placed in any other way, including but not limited to, Orders placed by telephone or by e-mail, are not valid and will not be accepted by us.

2.2 When you place your Order, we will provide you with a Web Order Number via the Apple Store for Education Institutions Web Site. Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your Order.

2.3 By placing an Order, you make an offer to us to purchase the Products and/or Services you have selected on these terms and conditions. We may or may not accept your offer at our discretion.

2.4 If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by email provided you have indicated an e-mail address on your Order Form or fax Order. Otherwise we will send the Order Confirmation by post or by fax. The Order Confirmation will be effective on sending. If we do not accept your Order we will attempt to contact you by email or telephone or post.

2.5 Whilst we will make every effort to supply you with the Products and/or Services listed on the Order Confirmation, there may be occasions where we are unable to supply these Products and/or Services because, for example, (i) such Products or Services are no longer being manufactured or available or (ii) we are unable to source relevant components or (iii) if there was a pricing error on the Apple Store for Education Institutions Web Site. In such circumstances we will contact you to inform you and may suggest alternative Products or Services that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order and repay you any money that you may have paid to us in respect of your Order. Subject to clause 10.4, repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products and/or Services you have ordered.

2.6 Once we have sent you the Order Confirmation you may not cancel your Order unless such right of cancellation has been expressly agreed upon in writing by signature of our authorised signatory of Apple Xemplar Education Limited.

2.7 Information contained in any advertising, brochures, other written materials, on any web sites or which are given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products and/or Services.

3. Supply of Your Products and/or Services

Subject to these terms and conditions, we will supply to you (but not install) the Products and/or Services indicated on your Order Confirmation.

4. Prices

4.1 The price for the Products and Services will be the price indicated in the Order Confirmation.

4.2 The prices displayed on the Apple Store for Education Institutions Web Site are exclusive of VAT. VAT is payable by you at the applicable rate as indicated in the Order Confirmation.

5. Payment and Credit

5.1 All invoiced sums shall be paid in full in GBP (Pound Sterling) without deduction or set off and in cleared funds within thirty (30) days following the date of Invoice of the relevant Products and/or Services. Amounts overdue shall attract an additional interest charge at the rate of interest (computed daily for each day that payment is late) of the one month Inter Bank Offer Rate prevailing in the country of payment plus 8% p.a. Payments shall be made to Apple either by bank transfer or by direct debit.

5.2 Shipments may be made, at our option, on such credit terms as we decide to extend to you at the time an Order is accepted. In the event of a breach by you of any of your obligations to us, including failure by you to comply with the credit terms, we reserve the right, upon written notice to you, to declare all sums immediately due and payable. We also reserve the right either generally or with respect to any specific order to vary, change or limit the amount or duration of credit to be allowed to you.

5.3 If we have reasonable grounds to believe that (i) you will fail to pay for such an Order in accordance with clause 5.1 above or the agreed credit terms; and/or (ii) that you will not comply with the agreed maximum credit amount which we may have granted to you, we are entitled to postpone or to refuse delivery of an Order.

6. Shipment, Risk and Title

6.1 All Products will be shipped by us to your delivery address which has been agreed by us. Delivery dates which might be specified in the Order, the Order Confirmation, any other communication from us (whether oral or in writing) or on the Apple Store for Education Institutions Web Site are estimates only and we shall not be under any liability to you in respect of any failure to deliver on any particular date.

6.2 Delivery will take place on Working Days during normal business hours.

6.3 We will not deliver any Products or provide any Services to any address outside the United Kingdom.

6.4 We may make partial shipments on account of your Orders, to be separately invoiced and paid for when due. Any delay in delivery of any instalment will not relieve you of your obligation to accept the remaining deliveries.

6.5 Unless otherwise agreed in writing all shipments (which for the purpose of this clause shall be deemed to include the contents of packaged Products as well as the packages themselves and the number of packages) shall be deemed correct and undamaged unless at the time of delivery you specify on our copy of delivery documentation the precise shortfall or error in delivery or inform us of such shortfall or error in writing within fourteen (14) days after the original delivery date of the given shipment. Your failure to inform us in this way shall constitute a waiver of any such claim. All communications with us must include the Web Order Number, and the exact nature of the discrepancy between the order and shipment in number or type of Products shipped. For under-shipments, we shall, at our sole discretion, issue a replacement shipment or a credit to your account within thirty (30) days of receipt of your written notice.

6.6 Risk of loss of or damage to Products will pass to you upon our delivery of Products to our nominated carrier. We may at our discretion decide to replace Products lost or damaged in transit on a case-by-case basis.

6.7 Title to the Products and the right to retake possession of the Products shall remain with us until all amounts owing to us in respect of the Products have been fully paid to us in cleared funds. Where payment is not made after reasonable demand, we may retake possession of the Products at your cost and for that purpose you grant us an irrevocable licence to enter the premises where the Products then are, and, at our option, in doing so to act in your name. So long as such title to and rights over Products remains with us, you shall keep the Products stored in such a manner which enables them to be identified as the Products and, wherever required by us, identify the Products to us.

7. Software

7.1 All Software is licensed to you on the terms and conditions of the applicable licence agreements. These licence agreements are shipped with the Software.

7.2 You shall be responsible for ensuring that any Software or Product solution ordered by you is suitable for your requirements and is compatible with your existing systems and practices.

8. Telephone Technical Support

8.1 Except as otherwise stated on the Apple Store for Education Institutions Web Site at the time you place your Order we will at no additional cost provide telephone support service for Hardware, as defined below, and Apple-branded Software (bundled and not bundled), as defined below, which you purchase from the Apple Store for Education Institutions Web Site. The service is available for 90 days from the date of purchase (the date of your Invoice). For support for non-Apple-branded Products you have to contact the manufacturer.

8.2 The telephone support service shall consist of telephone advice and guidance in relation only to set-up and installation problems and associated usability issues.

8.3 The telephone support service is available between 08:00 and 20:00 on Working Days. The telephone number for the telephone support service will either be supplied with your Products or will be sent to you by post together with details of your customer number after your Products are delivered. You will bear the cost of telephone calls you make to us at your national rate.

8.4 In providing telephone support, we will attempt to resolve your query when you first call us. We cannot guarantee resolution of all your queries. On occasions we may need to return your call in order to suggest a resolution.

9. One (1) year Limited Warranty

9.1 All new Apple Hardware products carry a one-year limited warranty against defects in materials and workmanship. The warranty terms and conditions, which form part of and are incorporated into this Contract by reference, are available for you to see by clicking the appropriate hyperlink below. Such warranty terms and conditions are also contained in your Apple Hardware box. You may review a copy of the limited warranty on Apple Hardware products, including its limitations and exclusions, before your purchase, by clicking the appropriate link below. Such a limited warranty covers Apple Hardware products (as defined below) only; it does not cover Software, Services or any other Products. You should refer to the relevant Software licences for warranties which may apply to your Software.

One-year limited warranty for new products except iPod and iSight

One-year limited warranty for iPod and iSight

Before subjecting your Apple Hardware product to warranty service, you are responsible for making a separate backup copy of system software, application software and all data and for disabling any passwords. You are responsible for reinstalling all such software, data and passwords. We accept no liability for loss of data caused by warranty service.Whenever calling us in relation to your warranty entitlement you should do so between 08:00 and 20:00 on any Working Day and quote your Apple Hardwares serial number. The telephone number for warranty service is supplied with your Apple Hardware. You will bear the cost of telephone calls you make to us at your national rate.

9.2 Non-Apple-branded/Third-party Products 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 manufacturers warranty which may be included with the Products purchased. In relation to any existing manufacturers warranty, any warranty claims should first be made either directly to the manufacturer or to us by phone (in which case we will use reasonable endeavours to resolve these on your behalf).

10. Our Liability

10.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.

10.2 There are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract.

10.3 Any warranty, condition or other term concerning the Products or Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

10.4 Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.

10.5 Subject to clause 10.4 we will not be liable under the Contract 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 (including negligence), breach of contract or otherwise.

10.6 Subject to clause 10.4 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question.

11. Contacting us

You can contact us:

by telephone on 08009120207 between 09:00 and 17:00, on Working Days;

by email at uk.education@euro.apple.com;

by post at Apple Xemplar Education Limited, c/o Apple Store Education, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland.

When contacting us in relation to an Order you have placed, you must quote your Web Order Number.

12. Export Control

You agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export licence or other governmental approval is required, without first obtaining all necessary licences or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.

13. Data Protection

By placing your Order, you agree and understand that we may store, process and use data collected from your Order Form or fax Order for the purposes of processing your Order. Please note that we may also share such data globally within the Apple group of companies. All Apple companies will protect your information in accordance with the Apple Customer Privacy Policy available at the URL www.apple.com/uk/legal/privacy. We work with other companies that help us provide Products and Services to you. For example we may provide your information to these companies for the shipment of Products to you or to ensure that you benefit from special purchase discounts or terms. In addition, where you have requested finance in order to pay for the Products ordered, some of the information you provide to us will be passed to companies providing finance for your purchase. We may also occasionally share your information with carefully selected third party companies whose products are available for purchase on the AppleStore in order to provide you with information from time to time on other products and services that may be of interest to you. For more detailed information on how we protect your information please refer to our customer Privacy Policy available at the URL www.apple.com/uk/legal/privacy. If you wish to have access to the information that we hold concerning you, if you want to make any changes, or if you do not want to receive information from us or these third party companies, click www.apple.com/contact/myinfo to update your personal contact preferences or you may contact Apples European data controller at privacy-euro@apple.com.

14. Circumstances beyond our reasonable control

We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.

15. Disagreements Governing Law and Jurisdiction

This Contract shall in all respects be governed by and construed in accordance with the laws of Ireland and the parties agree that the courts of Ireland shall have exclusive jurisdiction to hear and determine any disputes arising out of or in connection with this Contract and any Orders placed thereunder.

16. General

16.1 Unless expressly stated otherwise in this Contract, neither our failure nor your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.

16.2 In the event that any of the provisions of this Contract shall be held by a court or any other tribunal of competent jurisdiction to be unenforceable, illegal or otherwise invalid, the remaining portions of this Contract shall remain in full force and effect and shall be interpreted in such a way as to approximate as closely as possible the original objectives of the Parties under this Contract.

16.3 If (a) a receiver, manager, administrator, administrative receiver or similar official is appointed for you or your property, if you make an assignment for the benefit of your creditors, if any proceedings are commenced by, for or against you under any bankruptcy or insolvency or you are liquidated or dissolved, have a petition presented or an order made for your winding-up, cease or threaten to cease to trade or takes or suffer any action on account of debt or anything similar or analogous to the above occurs in any jurisdiction; or (b) if you breach any term of the Contract or any other contract made between you and us, then we may at our option suspend further deliveries; and/or terminate the Contract without the requirement to give advance notice.

16.4 Neither the Contract nor any Order will be assignable by you, and you may not delegate your duties under the Contract without our prior written consent which shall not be unreasonably withheld. We may assign the Contract without your consent provided that such assignment is to an affiliated company forming part of the Apple group of companies.

17. Defined Terms

17.1 In these terms and conditions:

"Accessory" means any ancillary Product such as a mouse or laptop bag;

"Apple Authorised Service Provider" means a service provider authorised by us to provide warranty service;

"Apple Store for Education Institutions Web Site" means our web site for Customers in the United Kingdom, the web address of which is http://store.apple.com/Catalog/uk/Images/routingpage.html

"Authorised Purchaser" means any of your employees, contractors or agents, whether referred to in the Enrolment Form or not, who place Orders from time to time on your behalf (i) by using the user ID and password which you have received from us in accordance with the Enrolment Form or (ii) by submitting a fax Order in accordance with Section 2.1.

"Authorised Purchasing Manager" means your employee, contractor or agent as designated in the Enrolment Form who will receive user ID and password from us to enable him/her to log onto the Apple Store for Education Institutions Web Site and submit Orders or to place fax Orders on your behalf from time to time;

"Contract" means these terms and conditions;

"Customer" means the education institution (as defined by us from time to time) which has been admitted to purchase Products and Services displayed from time to time on the Apple Store for Education Institutions Web Site. Apples definition of an education institution is as follows: a public or private, nonprofit or for profit, state accredited, degree-granting institution organized specifically for educational purposes or such other education institution as expressly admitted by Apple. Apple shall determine eligibility in its sole discretion.

"Enrolment Form" means the enrolment form including the enrolment conditions to be found at URL http://store.apple.com/Catalog/uk/Images/enrollment_form.pdf which needs to be duly filled in and signed by the Customer;

"Export Laws" means all laws, regulations and orders of the United States, the European Union and United Kingdom applicable to the export, re-export, transfer or resale of Products;

"Hardware" means any Apple-branded Product which is not Software, Services or an Accessory;

"Invoice" means the invoice issued by us to you for the price of the Products and/or Services;

"Order" means an order placed by you in accordance with these terms and conditions;

"Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order;

"Order Form" means the electronic order form on the Apple Store for Education Institutions Web Site;

"Product" means any product listed on the Apple Store for Education Institutions Web Site which we agree to supply to you on these terms and conditions;

"Services" means any chargeable or other services (excluding warranty and telephone support services) listed on the Apple Store for Education Institutions Web Site which we agree to supply to you on these terms and conditions;

"Software" means any Product which is software including without limitation operating systems, bundled software and stand alone software;

"Web Order Number" means the order number issued by us to you;

"Working Day" means any day other than a Saturday, a Sunday or a public holiday in the United Kingdom.