Lexmark Z22 Color Jetprinter User's Guide for Windows 95, Windows 98, and Maci - Page 40

• 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 • • 36 •• • 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.