Apple 2003 Annual Report Download - page 123

Download and view the complete annual report

Please find page 123 of the 2003 Apple annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 164

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125
  • 126
  • 127
  • 128
  • 129
  • 130
  • 131
  • 132
  • 133
  • 134
  • 135
  • 136
  • 137
  • 138
  • 139
  • 140
  • 141
  • 142
  • 143
  • 144
  • 145
  • 146
  • 147
  • 148
  • 149
  • 150
  • 151
  • 152
  • 153
  • 154
  • 155
  • 156
  • 157
  • 158
  • 159
  • 160
  • 161
  • 162
  • 163
  • 164

2.0 AGREEMENT STRUCTURE
2.1 This Term Sheet is for the purpose of communicating certain relevant terms and conditions of the Agreement to the Designee. It may
not contain all terms applicable to Products purchased by a Designee, and if there is any conflict or ambiguity between this Term Sheet and the
Agreement, the Agreement will govern.
2.2 Apple may add Attachments to this Term Sheet to communicate Product-specific terms and conditions, such as
Product descriptions,
IBM part numbers, Apple part numbers, minimum order quantities, shipment pack quantities, Purchase Order Lead Times and prices , to the
Designee. Such an Attachment may include additional or differing terms and conditions from the Term Sheet, however such terms and
conditions will apply only to that Attachment. Such Attachments may also include any specifications agreed to by Apple and IBM applicable
to the specific work tasks (Services) or Product under that Attachment. In the event of a conflict or ambiguity between an Attachment to this
Term Sheet and any other document, the Attachment’s terms and conditions govern only as to the Attachment.
2.3 Except for Product part numbers, Product descriptions (e.g. 1 GHz microprocessor), prices, quantities, bill-to locations, ship-to
locations, shipping instructions (limited to preferred carrier, carrier account number, and expedited shipping method, if any), and Scheduled
Shipment Dates, any other terms and conditions on Purchase Orders and Sales Acknowledgements are void and replaced by the Agreement.
2.4 Apple may, in a writing provided to IBM, name one or more agents who are authorized by Apple to issue Purchase Orders for
Products with Apple part numbers, receive, reschedule or cancel deliveries of such Products ordered pursuant to such Purchase Orders, process
warranty claims related to such Products and pay for such Products and any associated freight costs (“Designees”). Designees are not
authorized to act for Apple in any other capacity or to bind Apple in any other respect whatsoever. Prior to giving notice to IBM appointing a
Designee, Apple and the Designee will have executed an appropriate agreement establishing the limited agency described in this Section,
establishing that the Designee is not a third party beneficiary of the Agreement, protecting the confidentiality of any terms or conditions of this
Term Sheet , as well as any Confidential Information that may be disclosed to the Designee (as that term is defined in the Confidentiality
Agreement (Mutual), Agreement No. X1329, as amended, signed by IBM and Apple with an effective date of April 1, 1999), and securing such
Designee’s agreement to be bound to the terms and conditions set forth herein. No Designee may receive Confidential Information prior to
executing an agreement with the party disclosing the Confidential Information to the Designee, such agreement including restrictions on
nondisclosure and nonuse at least as stringent as those restrictions in Agreement No. X1329. Each Designee shall be subject to all of the
obligations and responsibilities of “Apple” under the Agreement with respect to the terms and conditions in this Term Sheet. Apple may
withdraw a Designee by providing IBM ten (10) days prior written notice; and thereafter the Designee will no longer be
[**] = information redacted pursuant to a confidential treatment request. Such omitted information has been filed
separately with the Securities and Exchange Commission.