Lexmark International, Inc. provides the following limited warranty for Lexmark genuine service parts (Product) only if originally purchased by you for use (not resale) from Lexmark, a Lexmark Authorized Spare Parts Reseller, or any other Reseller who purchased such part(s) directly from a Lexmark Master Parts Distributor (original purchase).
Lexmark warrants that on the date of original purchase and for the immediately following 90-day period, this Product will be free from defects in material or workmanship. If, during the warranty period, this product is found to be defective in material or workmanship, it will be exchanged or repaired at Lexmark's option with no additional charge. Warranty replacement does not include repair or exchange when the problem results from accident, disaster, misuse, abuse, non-Lexmark modification (remanufacturing), using a part from customer or reseller dismantle & salvage, improper storage, malfunctioning equipment or normal wear and tear. Character or page yield is not covered by warranty replacements as it is influenced by customer application, printer contrast settings, operating environment, printer condition and paper type.
To obtain warranty replacements during the Warranty Period, return the Product along with the proof of original purchase to the place of original purchase. If it was purchased directly from Lexmark, you must return it to Lexmark to obtain warranty replacement. You must insure it or bear the risk of loss or damage in transit, prepay the shipping charges, and use the original shipping container or equivalent. Lexmark will pay return shipping charges within the United States.
Product supplied to you on an exchange basis under a warranty replacement becomes your property at the time of exchange, and after exchange product returned becomes the property of Lexmark when Product is received by Lexmark. If it is not possible to return product to the place of original purchase, or if you have other warranty questions, please call, toll-free, 1-800-438-2468 for assistance.
All expressed and implied warranties for this Product, including the implied warranties of merchantability and fitness for a particular purpose are limited in duration to the warranty period, and no warranties, whether expressed or implied, will apply after this period.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary, from state to state.
Limitation of Remedies
Your sole remedy under this Statement of Limited Warranty shall be Lexmark's performance of your warranty request. For any claim concerning performance or nonperformance by Lexmark under this statement, or for any other claim related to this product, you shall be entitled to recover actual damages up to the limits indicated in the following paragraph.
Lexmark's liability for damages to you for any cause whatsoever, arising out of this Statement of Limited Warranty, or for any other claim related to this product, shall be limited to the amount that you paid for this product at the time of original purchase. This limitation of liability will not apply to claims for personal injury or damage to real property or tangible personal property caused by Lexmark's negligence. In no event will Lexmark be liable to you for any lost profits, lost savings or other incidental or consequential damages, even if 1) Lexmark, 2) a Lexmark Authorized Reseller, 3) any other Reseller who purchased this product from a Lexmark Master Parts Distributor has been advised of the possibility of such damages, or for any claim by you based on a third party claim.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.