APPLE PRODUCTS EXTENDED WARRANTY BY ASBIS - TERMS & CONDITIONS

1. THE PLAN

1.1. This service contract governs the hardware service provided to you by ASBIS Africa Proprietary Limited (Registration Number: 2019/513098/07) (“ASBIS”), albeit itself or via its nominated service/repair centres, under the above-mentioned plan (the “Plan”) for the new Apple MacBook (the “Covered Device”), contained in its original packaging and identified in your proof of purchase document/invoice (the “Plan Confirmation”), purchased from ASBIS or its nominated points of sale offering the Plan. Contact ASBIS to confirm its nominated points of sale offering the Plan.

1.2. Purchasing of the Plan constitutes your agreement to and acceptance of the terms and conditions recorded herein. By purchasing the Plan, you agree that you received, read, understood and accept the applicable terms and conditions set forth herein.

2. WHEN COVERAGE BEGINS AND ENDS

2.1. The Plan must be purchased simultaneously with the purchase of your new Covered Device.

2.2. The Plan must be registered and activated within 7 (seven) days of purchase thereof. The Plan must be registered by emailing the following to Applewarranty@asbis.africa: i) the original sales invoice for your Plan; ii) the invoice that lists the device with the serial number for which the Plan is being purchased. Your Plan Confirmation will be sent to you via email after registration. You shall not be eligible for the hardware services contemplated herein unless the Plan is timeously registered and activated. 

2.3. Coverage under the Plan commences on the 1^st (first) day immediately succeeding the day upon which the 12 (twelve) month original manufacturer’s warranty for the Covered Device lapses (the “Commencement Date”).

2.4. Coverage under the Plan ends 12 (twelve), 24 (twenty-four) or 36 (thirty six) months, depending on the duration of the Plan purchased, from the Commencement Date (“Plan Term”).

2.5. The terms of the Plan, the original sales receipt for your Plan and the Plan Confirmation are each part of your service contract.

2.6. A separate Plan must be purchased for each Apple MacBook product to be covered.

2.7. The Plan covers only the Apple MacBook product described in the original sales receipt for your Plan. If the Apple MacBook product described in the original sales receipt for your Plan does not include the Covered Device please email applewarranty@asbis.africa.  

3. WHAT IS COVERED?

3.1. Hardware Service

3.1.1. If during the Plan Term, you submit a valid claim by notifying ASBIS that a defect in materials and/or workmanship has arisen in the Covered Device, ASBIS will either:

a) repair the defect at no charge, using new or refurbished parts. Refurbished parts will be equivalent to new parts in performance and reliability, or

b) exchange the Covered Device with a service replacement product that is the exact same model of the Covered Device which may contain new or refurbished parts. Refurbished parts will be equivalent to new parts in performance and reliability.

3.1.2. If ASBIS exchanges the Covered Device as contemplated in 1.1b), the original product becomes ASBIS’s property and the replacement product is your property, with coverage for the remaining period of the Plan Term.

3.1.3. This extended warranty is a repair warranty and does not automatically entitle you to a replacement of the Covered Device as contemplated in 1.1b) or otherwise.  

4. WHAT IS NOT COVERED?

4.1. Hardware service coverage under the Plan is restricted to a Covered Device purchased from ASBIS nominated points of sale. Contact ASBIS to confirm its nominated points of sale.

4.2. The Plan does not apply to/does not include/does not cover/does not make provision for:

4.2.1. installation, removal or disposal of the Covered Device;

4.2.2. provision/supply of replacement or loan equipment or products (albeit on a temporary or permanent basis) while the Covered Device is being serviced;

4.2.3. any product that is not the Covered Device;

4.2.4. any accessories to/of the Covered Device, whether purchased as part and parcel of, or included in the purchase of, the Covered Device or otherwise (including but not limited to charges and earphones);

4.2.5. on-site support;

4.2.6. hardware services required as a result of, or damage caused by, abuse, misuse, fire, earthquake, lightning, Acts of God or other external causes;

4.2.7. hardware services required as a result of, or damage caused by, extended exposure to moisture and humidity, liquid contamination, heat damage, a failure to properly maintain the Covered Device, improper cleaning methods, improper cleaning products or equipment, incorrect installation and/or incorrect operation;

4.2.8. hardware services required as a result of, or damage caused by, use of the Covered Device for purposes for which it was not intended;

4.2.9. hardware services required as a result of, or damage caused by, the use of remanufactured and/or generic equipment in conjunction with the Covered Device;

4.2.10. hardware services required as a result of, or damage caused by, war, public disturbances and/or other force majeure events;

4.2.11. hardware services required as a result of, or damage caused by, viruses or malicious software;

4.2.12. hardware services required as a result of, or damage caused by, operation and/or use of the Covered Device outside the permitted or intended uses described by the manufacturer of the Covered Device;

4.2.13. hardware services required as a result of, or damage caused by, service (including upgrades and expansions) if such was performed by anyone who is not a qualified/registered member of an Apple Authorized Service Provider (“AASP”);

4.2.14. any device with a serial number that has been altered, defaced or removed,

4.2.15. any device which has been modified to altered, albeit in respect of functionality or capability or otherwise, without the written permission of the manufacturer of the device;

4.2.16. a Covered Device that has been lost, destroyed or stolen. In order to receive hardware service a Covered Device must be returned to ASBIS in its entirety and intact;

4.2.17. cosmetic damage and/or accidental to the Covered Device, including but not limited to scratches and dents, that do not otherwise affect the functionality of the Covered Device;

4.2.18. preventative maintenance on the Covered Device;

4.2.19. defects caused by normal wear and tear or which is otherwise due to normal aging of the Covered Device;

4.2.20. any device if you purchased the Plan after you purchased the device. The Plan must be purchased simultaneously with your purchase of the Covered Device;

4.2.21. the battery performance/life of the Covered Device;

4.2.22. damage to the body/casing and/or screen of the Covered Device;

4.2.23. your use of the iOS and Consumer Software as server-based applications;

4.2.24. issues that could be resolved by upgrading the Consumer Software to the then current version;

4.2.25. networking configuration;

4.2.26. third-party products (including software and other applications not pre-installed on the Covered Device) or their effects on or interactions with the Covered Device or the Consumer Software;

4.2.27. your use of a computer or operating system that is not related to Consumer Software or to connectivity issues with the Covered Device;

4.2.28. Apple software other than the Consumer Software, as covered under the Plan;

4.2.29. Consumer Software or any other Apple-branded software designated as “beta” , “pre-release,” or “preview” or similarly labelled software; or

4.2.30. damage to, or loss of any software or data that was residing or recorded on the Covered Device;

4.2.31. recovery or reinstallation of software programs and user data;

4.2.32. on-site support.

4.3. Any hardware service coverage claim under the Plan is subject to an internal assessment at an ASBIS nominated service centre. Contact ASBIS to confirm its nominated service centres. ASBIS reserves the right to, either itself or via its nominated service/repairs centres, audit your use of the hardware services for the Covered Device contemplated herein for purposes of verifying eligibility.  You must cooperate with verification of eligibility hereunder and you must ensure compliance with the terms hereof.

4.4. IMPORTANT: Do not open the Covered Device. Opening the Covered Device may cause damage that is not covered by the Plan. Only an AASP may perform service on the Covered Device.

5. HOW TO OBTAIN SERVICE AND SUPPORT?

5.1. You may obtain hardware services as contemplated herein.

6. To obtain such services or support, you can contact an ASBIS at Applewarranty@asbis.africa.

6.1. You need to keep your Plan Confirmation document and the original sales receipt for your Covered Device and your Plan, as they will be required if there is any question as to your Covered Device's eligibility for coverage.

6.2. You will be informed on whether your Covered Device must be delivered to the applicable ASBIS nominated service centre by yourself, or whether your Covered Device will be collected from you. Similarly you will be informed whether your Covered Device must be collected from the applicable ASBIS nominated service centre by yourself, or whether your Covered Device will be delivered to you.

6.3. After any repairs have been concluded on the Covered Device, you will be notified that the Covered Device is ready and available. You must:

6.3.1. in the event that you have been informed that your Covered Device must be collected from the applicable ASBIS nominated service centre by yourself, collect the Covered Device within 60 (sixty) days after notification of the Covered Device being ready and available, failing which the Covered Device may be sold, and/or you may be charged a storage and/or handling fee, to defray costs; or

6.3.2. in the event that you have been informed that your Covered Device will be delivered to you, provide, within 30 (thirty) days after notification of the Covered Device being ready and available, complete and accurate information required to deliver the Connected Device to you, failing which the Covered Device may be sold, and/or you may be charged a storage and/or handling fee, to defray costs. In the event that delivery of the Covered Device is not possible due to incorrect information having been provided by you, the Covered Device may be sold, and/or you may be charged a storage and/or handling fee, to defray costs;

6.4. ASBIS does not accept and shall not have any liability or accountability for or regarding any loss, damage and/or destruction to or of any Covered Device sent to ASBIS by you, or sent by ASBIS to you, via post or courier, unless such loss, damage and/or destruction occurs as a result of the grossly negligent and/or wilfully malicious acts of ASBIS (excluding any contractors, subcontractors, agents and/or representatives) itself.

6.5. Hardware services as contemplated herein may be subject to unforeseen and/or unplanned delays of various kinds, and as such time shall not be the essence of any hardware service and any and all delivery/return dates which may be confirmed must be (and will be) treated as approximate/estimated only, based on the latest information available to ASBIS and/or its nominated service/repair centres.

7. YOUR RESPONSIBILITIES

7.1. To receive service or support under the Plan, you agree to, and you must, comply with each of the following terms:

7.1.1. you must provide your Plan Confirmation document and a copy of your Covered Device's original proof of purchase, if requested;

7.1.2. you must provide information about the symptoms and causes of the issues with the Covered Device;

7.1.3. you must respond to requests for information, including but not limited to the Covered Device serial number, model, version of the operating system and software installed, any peripheral devices connected or installed on the Covered Device, any error messages displayed, the actions which were taken before the Covered Device experienced the issue and the steps taken to resolve the issue;

7.1.4. you must follow instructions ASBIS and/or ASBIS’s nominated service centres gives you, including but not limited to refraining from sending ASBIS products and accessories that are not subject to repair or replacement service and packing the Covered Device in accordance with shipping instructions;

7.1.5. you must update Consumer Software to currently published releases prior to seeking service;

7.1.6. you must make sure to backup software and data residing on the Covered Device.

7.2. IMPORTANT: During hardware service, ASBIS and/or ASBIS’s nominated service centres may delete the contents of the covered device and reformat the storage media. ASBIS will then return your Covered Device or provide a replacement as the Covered Device was originally configured, subject to applicable updates. ASBIS may install iOS updates as part of hardware service that will prevent the Covered Device from reverting to an earlier version of the iOS. Third party applications installed on the Covered Device may not be compatible or work with the Device as a result of the iOS update. You will be responsible for reinstalling all other software programs, data and passwords.

8. LIMITATION OF LIABILITY

8.1. To the maximum extent permitted by South African law, ASBIS and its employees and agents will under no circumstances be liable to you, or any subsequent owner of the Covered Device, for any indirect, special or consequential damages for any reason, including but not limited to costs of recovering, reprogramming or reproducing any program or data or the failure to maintain the confidentiality of data, any loss of business, profits, revenue or anticipated savings, albeit resulting from ASBIS’s obligations under the plan or otherwise and whether foreseeable or if you have advised of such a claim.

8.2. To the maximum extent permitted by South African law, the limit of ASBIS and its employees and agent's liability to you, and any subsequent owner of the Covered Device, arising under the Plan shall not exceed the original price paid for the Plan.

8.3. ASBIS specifically does not warrant that:

8.3.1. it will be able to repair or replace the Covered Device without risk to or loss of programs or data; and/or

8.3.2. it will maintain the confidentiality of data; and/or

8.3.3. that the operation of the Covered Device and/or the hardware services contemplated herein will be uninterrupted or error-free; and/or

8.3.4. that a problem will be solved or that any item will be error- free.

9. CANCELLATION

9.1. You may, if section 14 of the Consumer Protection Act applies to this services agreement and provides you with a right of termination in terms thereof, cancel the Plan at any time for any reason by giving 20 (twenty) business days’ notice in writing to ASBIS. If you decide to cancel the Plan, you may contact ASBIS in writing with your Plan’s agreement number. You must send a copy of the Plan's original proof of purchase with your notice. If you cancel the Plan as aforementioned, you will receive a pro rata refund of the original purchase price (calculated with reference to unexpired part of the Plan Term) less the value of any service and product provided under the Plan less a handling and administration fee equal to 45% of the original price paid for the Plan.

9.2. ASBIS may cancel the Plan for fraud or material misrepresentation or misuse of the Plan on your part.

9.3. ASBIS may cancel the Plan in the event that it can no longer provide the hardware service due to changes in business structure or partnerships. If ASBIS cancels the Plan as aforementioned, you will receive a pro rata refund of the original purchase price (calculated with reference to unexpired part of the Plan Term) less the value of any service and product provided under the Plan.

9.4. The Plan may be cancelled by the non-defaulting party in the event of a default in the performance of any material provision of the Plan (including the payment of fees), if the default is not cured within 30 (thirty) days of written notice of the non-breaching party’s intent to terminate.

9.5. Upon termination or expiration of the Plan for any reason, the rights and obligations of the parties hereunder will cease, except that the limitations of liability hereunder will survive.

10. TRANSFER OF PLAN

10.1. The Plan is linked to the serial number of the Covered Device, and as such any holder or owner of the Covered Device will be entitled to utilise the Plan in respect of that Covered Device from time to time.

11. GENERAL TERMS

11.1. ASBIS may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.

11.2. ASBIS is not responsible for any failures or delays in performing under the Plan that are due to events outside ASBIS’s reasonable control.

11.3. The Plan is offered and valid only in South Africa.

11.4. The terms of the Plan, including the original sales receipt of the Plan and the Plan Confirmation, shall prevail over any conflicting, additional or other terms of any purchase order or other document, and constitute your and ASBIS’s entire understanding with respect to the Plan.

11.5. The Plan cannot and shall not be renewed or extended.

11.6. There is no informal dispute settlement process available under the Plan.

11.7. This service agreement contains the entire agreement between you and ASBIS and supersedes any prior or contemporaneous oral or written agreements or communications between you and ASBIS relating to the subject matter contained herein. Further, any purchase order that purports to amend or modify the terms or conditions hereof will be of no force or effect.  The Covered Device and the use thereof are subject to the purchase and/or license agreement related to such Covered Device.

11.8. This service agreement may not be modified or altered except by written instrument duly executed by both you and ASBIS, provided however that ASBIS reserves the right to amend this service agreement from time to time effective upon posting of the revised terms and conditions to its website at https://catalog.asbisafrica.co.za under the footer section named “Apple Extended Warranty T&Cs”.

11.9. The Plan shall be construed and enforced in accordance with the laws of the Republic of South Africa.

11.10. ASBIS shall have the right to assign the Plan without your consent to:

11.10.1. a parent corporation or entity;

11.10.2. any subsidiary corporation or entity; or

11.10.3. in connection with the disposal of all or substantially all of its assets or business.

12. CPA

12.1. Please note that all ASBIS terms and conditions are subject to the Consumer Protection Act, 68 of 2008 (“CPA”), and they in no way override or circumvent any right you may have in terms thereof.

13. FURTHER INFORMATION

13.1. For further information email applewarranty@asbis.africa.