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Terms and Conditions for Lexmark Express and Extended Express Warranty Service, Lexmark OnSite, Lexmark OnSite Upgrade, and Extended OnSite Warranty Service.
The terms and conditions of Lexmark Warranty Service, or Extended Warranty Service, apply to machines which Lexmark has accepted for Warranty Service, including those for which Lexmark has issued a Certificate of Registration for Extended Lexmark Warranty Service, provided that the machine was originally purchased, for company or individual use, from Lexmark, or a Lexmark remarketer, referred to in this statement as "Remarketer." Coverage is provided in the United States and Puerto Rico. Payment Terms: Net 30 Days
Payment must be received within 30 days of invoice date.
The coverage period is shown on the applicable Certificate of Registration for Extended Lexmark Warranty Service for each covered machine, or the coverage period is as specified under the statement of limited warranty included in the user documents shipped with the machine, whichever applies. The customer is entitled to Lexmark OnSite Warranty Service during the original warranty period specified in the user documents for a covered machine, if 1) the covered machine includes OnSite Warranty coverage 2) Lexmark OnSite Upgrade is purchased and/or 3) during the extension when Extended OnSite Limited Warranty Service is purchased.
If the covered products include options, the options are covered only when installed on the machine for which they were designed. To obtain service for an option covered under Warranty Service, it may be necessary to present the option with the entire machine. If the Customer sells a covered machine before the expiration of the Warranty Service, then that coverage may be transferred to the new owner by written notification from the original owner to Lexmark at:
Lexmark International, Inc.
Lexmark Service, Dept. 640A/001-1
740 West New Circle Road
Lexington, Kentucky 40550
Lexmark Express Service is provided at a designated Lexmark Service location.
If the Customer chooses to use Lexmark's Express service, an exchange machine will be shipped by Lexmark. At Lexmark's option, the Customer must return the defective machine to Lexmark, by packing it in the materials for the exchange machine and attaching the prepaid shipping return label to the box. The machine then needs to be taken to the Lexmark designated shipper for shipment, or can be given to that shipper if they already make deliveries at your location. Failure to return the defective machine within 5 business days will result in a charge for the full price of the exchange machine. Express Service is not available for machines that have been defaced, altered, or damaged beyond repair.
When exchange service is used, the returned machine becomes the property of Lexmark. At Lexmark's option, exchange machines may be new, repaired, or may be another new or repaired machine of equal or greater capabilities. The exchange machine becomes the property of the customer when the machine to be returned, has been received by Lexmark and the exchange machine assumes the remainder of the Warranty or Extended Warranty Service from the returned machine. The returned machine must not be encumbered.
For certain models of machines Lexmark may repair and return the defective machine. If this option is available and the Customer chooses this option, the Customer will be responsible for properly packing the machine and taking it to the Lexmark designated carrier; packing materials can be sent by Lexmark if the materials in which the machine was originally shipped were not saved. The Customer is responsible for any damage resulting from the customer's improper packing of a machine sent to Lexmark. Please contact Lexmark to determine if this repair and return option is available for your machine model.
The Customer has the option of purchasing a LexOnsite Exchange Upgrade or Extended Warranty OnSite Exchange Service which provides on-site unpacking and setting up the exchange machine and packing and shipment of the defective machine.
Lexmark On Site Warranty Service is provided at the Customer's business or home location during the contracted Principal Period of Maintenance (PPM). Next business day service will generally be provided within the contracted Onsite response time, if the call is dispatched by 5:00 p.m. customer local time, provided the service location is within a 50 mile radius of a Lexmark Authorized Service center (LASC). For each of the following conditions, add one (1) business day to the contracted Onsite response time: 1) Service locations beyond 50 miles from LASC; 2) Service in Hawaii and Alaska.
Lexmark On Site Warranty Service is not available for all machines or machines that have been defaced, altered, or damaged beyond repair. Please contact Lexmark to determine if this option is available for your machine model.
The Customer has the option of purchasing a Lexmark OnSite Exchange Upgrade or Extended Warranty OnSite Exchange Service which provides on-site unpacking and setting up the exchanged printer and packing and shipment of the defective printer. The service terms for OnSite Exchange are the same as the OnSite Repair service terms.
Lexmark Warranty Service is not a guarantee of uninterrupted or error-free functioning of a machine. Service does not include repair of failures caused by: misuse, neglect, accident, modification, operation outside the Specified Operating Environment, improper maintenance by the Customer, failure caused by service of the machine by non-authorized servicers, or failure caused by a product, including supply products, for which Lexmark is not responsible.
Installation service consists of the following: (a) connection or disconnection of printer; (b) physical inspection of the printer; (c) functional testing of the printer; and (d) boxing or unboxing of printer or printer options. Installation/Deinstallation services does not include any uncrating service, major movement of the printer, operating system or network operating system configuration or related services, or network/connection related hardware services. Customers shall provide Lexmark with full and free access to Lexmark Products to allow Lexmark to perform Installation/Deinstallation service and a safe place in which to perform such service.
Certain service parts require periodic replacement based on usage and yield in order to maintain optimum performance of the printer. Maintenance kits containing these parts are available from Lexmark on some models with rated speeds higher than 10 pages per minute (ppm). Some products display a "Scheduled Maintenance" message at specified intervals based on page counts. The product documentation may direct the customer to install a maintenance kit or to contact a service representative for kit installation. Replacement of these items is a customer responsibility. Lexmark warranty or Extended Warranty offerings do not include the cost of maintenance kits.
Repair parts will be furnished on an exchange basis and will either be new, equivalent to new or reconditioned. All returned parts and products become the property of Lexmark.
The Customer's sole remedy under the terms and conditions of this Warranty Service is set forth in this section.
For any claim concerning performance or nonperformance of Lexmark, or a Remarketer, for a covered machine under the terms and conditions of Lexmark Warranty Service, the Customer may recover actual damages up to the limits set forth in the following paragraph.
Lexmark's liability for actual damage from any cause whatsoever will be limited to the greater of 1) $5000 or 2) the amount you paid for the machine that caused the damage. This limitation of liability will not apply to claims for bodily injury or damage to real property or tangible personal property for which Lexmark is legally liable.
In no event will either party be liable for any damage caused by the other party's failure to fulfill its responsibilities under these terms and conditions. In no event will either party be liable for any lost profits, lost savings, incidental damage, or other economic consequential damages. This is true even if the other party is advised of the possibility of such damages.
All expressed and implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are limited in duration to the coverage period. No warranties, expressed or implied, will apply after this period. Lexmark may modify these terms and conditions at any time by either providing the customer with written notice or posting such revised terms on www.lexmark.com. Such revised terms shall be effective thirty days from the date of such written notice or posting.
This Extended Warranty contract will not be in effect until payment is received by Lexmark within 30 days of invoice. The customer or Lexmark can terminate the extended warranty coverage at any time with three (3) months prior written notice or Lexmark may post an end of service notification on www.lexmark.com for any machine model. Lexmark can terminate extended warranty coverage at any time for non payment. Even if the customer makes the payment to a reseller, the payment must be received by Lexmark within thirty days of invoice in order for the customer to receive service. When the extended warranty coverage is canceled, Lexmark will refund to the customer the remaining portion of the warranty price paid on a prorated basis.
Some states do not allow limitations on how long an implied service lasts, or do not allow the exclusion or limitation of incidental or consequential damages. If such laws apply, the limitations or exclusions contained in the terms and conditions of this Warranty Service may not apply.
This Warranty Service gives the Customer certain legal rights. The customer may also have other legal rights which vary from state to state.
For further information, prices, order forms, terms and conditions, please call 1/800/2LEXSRV (1/800/253-9778), between 10am and 7pm, Eastern Time, Monday - Friday.
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