Lexmark 5770 - Manual (Page 87)

Statement of Limited Warranty 81
Statement of Limited Warranty
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.
5700.book : warranty.fm Page 81 Thursday, July 16, 1998 3:49 PM