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Statement of Limited Warranty:
90 Day Next Business Day

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Statement of Limited Warranty

Lexmark Canada, Inc.
50 Leek Crescent
Richmond Hill, Ontario
L4B 4J3

This limited warranty which includes reasonable efforts to deliver next business day replacement service during the first 90 days following the date of original purchase, as shown on the purchase receipt, constitutes Lexmark’s Replacement Guarantee (hereinafter “warranty” or “limited warranty”) for this product. This limited warranty applies to Canada. For customers outside Canada, refer to the country-specific warranty information that came with your product.
This Statement of Limited Warranty applies to this product if it was originally purchased for your use, and not for resale, from Lexmark Canada, Inc. (“Lexmark“) or a Lexmark remarketer, referred to in this statement as "Remarketer."

Limited Warranty

Lexmark warrants that this product:

• Is manufactured from new parts, or from new and serviceable used parts, which perform like new parts
• Is, during normal use, free from defects in material and workmanship

If this product does not function as warranted during the warranty period, contact a Remarketer or Lexmark for repair or replacement (at Lexmark's option).

If this product is a feature or option this statement applies only when that feature or option is used with the product for which it was designed. To obtain warranty service, you may be required to present the feature or option with the product.

If you transfer this product to another user, warranty service under the terms of this statement is available to that user for the remainder of the warranty period. The transferee may be required to present proof of original purchase and a copy of this statement to obtain warranty service.

Limited Warranty Service

The guarantee period is 12 months and starts on the date of original purchase as shown on the purchase receipt.
To obtain warranty service you may be required to present proof of original purchase. You may be required to deliver your product to the Remarketer or Lexmark, or ship it, suitably packaged, to a Lexmark designated location. Unless otherwise provided for by provincial law, you are responsible for shipping charges and for loss of, or damage to, a product in transit to the Remarketer or the designated location.

When warranty service involves the exchange of a product or part, the item replaced becomes the property of the Remarketer or Lexmark. The replacement may be a new or repaired item. The replacement item assumes the remaining warranty period of the original product.

Before you present this product for warranty service, remove any print cartridge(s), programs, data, and removable storage media (unless otherwise directed by Lexmark).
For further explanation of your warranty alternatives and the nearest Lexmark authorized servicer in your area, please contact Lexmark at 1-800-539-6275, or on the World Wide Web at
http://support.lexmark.com.

Replacement Delivery

As a special feature of your product’s Limited Warranty, during the first 90 days of the warranty period, Lexmark will make reasonable efforts to deliver product or part replacements on the next Business Day, subject to the following conditions:

• “Business Day” means Monday through Friday and excludes all statutory holidays in Canada. You must obtain authorization for a replacement from Lexmark technical support before 6 PM Eastern Time of a Business Day to obtain delivery on the next Business Day.
• Delivery is available only to a street address and not to a PO Box address. Some carriers may require you to be present to sign for delivery of a replacement product or part.
• Lexmark is not responsible for carrier delays, carrier shipment limitations, supplier delays, or any external factors beyond Lexmark’s control.
After the first 90 days of the warranty period, any replacement will be delivered approximately 5 Business Days after authorization.

Lifetime Support

If your product’s specifications or packaging states that Lifetime Support (“LS”) is available for your product, Lexmark will, during the life of your product, use commercially reasonable efforts to provide voice support via a toll-free number to assist you, the original purchaser, in operating the product and diagnosing problems. LS does not, however, entitle you to any repairs, replacement parts, revisions, updates, solutions for diagnosed problems, extended warranty services or replacement services. In no event shall LS be construed to require Lexmark to modify the product or software drivers to become compatible with any third party software, operating system or technology. LS will end immediately if (a) the original purchaser transfers the product to another user (regular voice support will be provided during any remaining portion of the warranty period), (b) the product’s print function becomes inoperable after the expiry of the 12 month warranty period, or (c) you cease to have access to a compatible computer.

Extent of Limited Warranty

We do not warrant uninterrupted or error-free operation of a product.
Replacement is not available to you if the product you present for exchange is:

• defaced
• altered, or
• damaged or in need of a repair not included in warranty service (as listed below).

Also, such product must not be subject to any legal obligations and restrictions.

To the maximum extent permitted by law, 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 (the maximum number of pages that the product is designed to process monthly)
• 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)
• Products, components, parts, materials, software, or interfaces not furnished by Lexmark.

SUBJECT TO PROVINCIAL LAW TO THE CONTRARY, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS, INCLUDING THE IMPLIED OR STATUTORY WARRANTIES AND CONDITIONS OF QUALITY, DURABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR OR NORMAL PURPOSE, AND WARRANTIES AGAINST LATENT DEFECTS ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. SUBJECT TO PROVINCIAL LAW TO THE CONTRARY, NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WILL APPLY AFTER THIS PERIOD.

Limitation of liability

Your sole remedy under this Statement of Warranty is set forth in this section. For any claim against Lexmark or a Remarketer concerning performance or nonperformance of this product, you may only recover direct damages up to the limit set forth as follows:

To the maximum extent permitted by applicable law, Lexmark's liability for direct damages from any cause whatsoever will be limited to the lesser of 1) $5,000 or 2) the amount you paid for the product that caused the damages, including claims by you for bodily injury or damage to real property or tangible personal property. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL LEXMARK BE LIABLE FOR ANY SPECIAL OR INDIRECT DAMAGES, LOST PROFITS, LOST OPPORTUNITIES, LOST SAVINGS, INCIDENTAL OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES OR LOSSES. THIS IS TRUE EVEN IF YOU ADVISE LEXMARK OR THE REMARKETER OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. LEXMARK IS NOT LIABLE FOR ANY CLAIM BASED ON A THIRD PARTY CLAIM.

This limitation of liability also applies to any claim by you against any developer or manufacturer, including Lexmark International, Inc., of materials or products supplied to Lexmark. Lexmark's, the developer's and the manufacturer’s limitations of liability are not cumulative. Such developers and manufacturers are intended beneficiaries of this limitation.
Additional rights

You may have greater rights existing under legislation in your province or territory. Where any term of this warranty is prohibited by such laws, it shall be null and void, but the remainder of the warranty shall remain in effect.
© 2007 Lexmark International, Inc.
All rights reserved.
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P/N 20A0199 E.C. 10T031