Lexmark license agreements, Extent of limited warranty, Limitation of liability – Lexmark 5000 Series User Manual
Page 161: Additional rights
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, damaged beyond repair, or if the product is not free of all legal obligations, restrictions, liens, and encumbrances.
Before you present this product for warranty service, remove all print cartridges, programs, data, and removable storage media (unless
directed otherwise by Lexmark).
For further explanation of your warranty alternatives and the nearest Lexmark authorized servicer in your area, contact Lexmark at (800)
332-4120, or on the World Wide W
Remote technical support is provided for this product throughout its warranty period. For products no longer covered by a Lexmark
warranty, technical support may not be available or only be available for a fee.
Extent of limited warranty
We do not warrant uninterrupted or error-free operation of any 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
—Use of printing media outside of Lexmark specifications
—Supplies (such as ink) not furnished by Lexmark
—Products, components, parts, materials, software, or interfaces not furnished by Lexmark
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LEXMARK NOR ITS THIRD PARTY SUPPLIERS OR
REMARKETERS MAKE ANY OTHER WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH
RESPECT TO THIS PRODUCT, AND SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY. ANY WARRANTIES THAT MAY
NOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES,
EXPRESS OR IMPLIED, WILL APPLY AFTER THIS PERIOD. ALL INFORMATION, SPECIFICATIONS, PRICES, AND SERVICES
ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
Limitation of liability
Your sole remedy under this limited warranty is set forth in this document. For any claim concerning performance or nonperformance of
Lexmark or a Remarketer for this product under this 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 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 OR 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 claims against any Suppliers and Remarketers of Lexmark. Lexmark's and its Suppliers' and
Remarketers' limitations of remedies are not cumulative. Such Suppliers and Remarketers are intended beneficiaries 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, so the limitations or exclusions contained above may not apply to you.
This limited warranty gives you specific legal rights. You may also have other rights that vary from state to state.
LEXMARK LICENSE AGREEMENTS
PLEASE READ CAREFULLY: BY USING THIS PRODUCT, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS
OF THESE LICENSE AGREEMENTS. IF YOU DO NOT AGREE WITH THE TERMS OF THESE LICENSE AGREEMENTS, PROMPTLY
RETURN THE PRODUCT UNUSED AND REQUEST A REFUND OF THE AMOUNT YOU PAID. IF YOU ARE INSTALLING THIS
PRODUCT FOR USE BY OTHER PARTIES, YOU AGREE TO INFORM THE USERS THAT USE OF THE PRODUCT INDICATES
ACCEPTANCE OF THESE TERMS.
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