Lexmark Optra E312L User's Guide - Page 106

Extent of Warranty, Limitation of Liability, IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES - supplies

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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. Statement of Limited Warranty 93

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93
Statement of Limited Warranty
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.