Appendix
37
When warranty service involves
the exchange of a product or part,
the item replaced becomes the
property of the Remarketer or
Lexmark. The replacement may
be a new or repaired item. The
replacement item assumes the
remaining warranty period of the
original product.
Replacement is not available to
you if the product you present for
exchange is defaced, altered, in
need of a repair not included in
warranty service, or damaged
beyond repair. Also, such product
must be free of any legal
obligation or restrictions that
prevent its exchange.
Before you present this product
for warranty service, remove all
programs, data, and removable
storage media.
For further explanation of your
warranty alternatives and the
nearest Lexmark authorized
servicer in your area, please
contact Lexmark at 1-800-
LEXMARK (1-800-539-6275), or
on the World Wide Web at
http://www.lexmark.com.
Free remote technical support is
provided for this product
throughout its warranty period.
Lexmark offers a variety of
extended warranty programs that
include an extension of technical
support. For products no longer
covered by a Lexmark warranty,
technical support may only be
available for a fee.
Extent of Warranty
We do not warrant uninterrupted
or error-free operation of a
product.
Warranty service does not include
repair of failures caused by:
• modification or attachments
• accidents or misuse
• unsuitable physical or operating
environment
• maintenance by anyone other
than Lexmark or a Lexmark
authorized servicer
• operation of a product beyond
the limit of its duty cycle
• failure to have installed a
maintenance kit as specified (if
applicable)
• use of printing media outside of
Lexmark specifications
• use of other than Lexmark
supplies (such as toner
cartridges, inkjet cartridges, and
ribbons)
• use of other than Lexmark
product or component
ALL EXPRESS AND
IMPLIED WARRANTIES,
INCLUDING THE IMPLIED
WARRANTIES OF
MERCHANTABILITY AND
FITNESS FOR A
PARTICULAR PURPOSE,
ARE LIMITED IN
DURATION TO THE
WARRANTY PERIOD. NO
WARRANTIES, EXPRESS OR
IMPLIED, WILL APPLY
AFTER THIS PERIOD.
Limitation of Liability
Your sole remedy under this
Statement of Limited Warranty is
set forth in this section. For any
claim concerning performance or
nonperformance of Lexmark or a
Remarketer for this product under
this Statement of Limited
Warranty, you may recover actual
damages up to the limit set forth
in the following paragraph.
Lexmark's liability for actual
damages from any cause
whatsoever will be limited to the
greater of 1) $5,000 or 2) the
amount you paid for the product
that caused the damages. This
limitation of liability will not
apply to claims by you for bodily
injury or damage to real property
or tangible personal property for
which Lexmark is legally liable.
In no event will Lexmark be liable
for any lost profits, lost savings,
incidental damage, or other
economic consequential damages.
This is true even if you advise
Lexmark or a Remarketer of the
possibility of such damages.
Lexmark is not liable for any
claim by you based on a third
party claim.
This limitation of remedies also
applies to any developer of
materials supplied to Lexmark.
Lexmark’s and the developer’s
limitations of remedies are not
cumulative. Such developer is an
intended beneficiary of this
limitation.
Additional Rights
Some states do not allow
limitations on how long an
implied warranty lasts, or do not
allow the exclusion or limitation
of incidental or consequential
damages. If such laws apply, the
limitations or exclusions
contained in this statement may
not apply to you.
This warranty gives you specific
legal rights. You may also have
other rights which vary from state
to state.
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