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Appendix F: Warranty
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 autho-
rized 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.
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 WAR-
RANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUR-
POSE, 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 Lex-
mark. 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.