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THIS AGREEMENT ("AGREEMENT") SETS THE TERMS AND CONDITIONS UNDER WHICH LEXMARK INTERNATIONAL, INC. ("LEXMARK") MAY ACCEPT AND PROCESS LEXMARK BRANDED INKJET AND LASER PRINTERS THAT ARE RETURNED TO LEXMARK FOR RECYCLING. PLEASE READ IT CAREFULLY. BY PARTICIPATING IN THIS SERVICE, YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU ACCEPT THEM.
The Lexmark Equipment Recycling Service allows Lexmark customers (subject to these terms and conditions) to return used Lexmark branded inkjet and laser printers, all-in-one products and multifunction products (the "Printers") to Lexmark for management. Lexmark (at its option) will manage returned Printers through donation, reuse, or recycling by a third party. At present, Lexmark does not charge any fees for this service. This service does not apply to inkjet or toner cartridges. Eligible Lexmark cartridges must be returned to Lexmark through the Lexmark Cartridge Collection Program.
Follow the instructions on Lexmark's web site for the return of your Lexmark branded printer. You are responsible for all costs associated with packaging and shipping the printer to Lexmark.
You must not send any equipment other than Lexmark branded printers. Do not send any other materials. Do not send cartridges.
You must not send any equipment that is, has been, or that you suspect to be contaminated with chemicals, biological agents, or any other substance that was not part of or included with the printer when it was originally packaged.
If you fail to satisfy the above conditions, then Lexmark is not obligated to provide the services described in this Agreement.
LEXMARK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE. SOME PROVINCES DO NOT ALLOW LIMITATIONS ON WARRANTIES, SO THE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
LEXMARK WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. LEXMARK'S AGGREGATE LIABILITY HEREUNDER SHALL NOT EXCEED ANY AMOUNTS PAID BY YOU TO LEXMARK FOR THIS SERVICE.
This Agreement is the complete and exclusive agreement regarding the service and replaces any prior oral or written communications between you and Lexmark regarding the service.
Lexmark does not represent or warrant that you are eligible for a charitable tax deduction by participating in this service.
Neither party will bring a legal action arising out of or relating to this Agreement more than two years after the cause of action accrued unless otherwise provided by local law without the possibility of contractual waiver or limitation.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
This Agreement does not affect any consumer statutory rights that cannot be waived or limited by contract.
This Agreement is non-transferable by You.
Lexmark will not be liable for the failure to fulfill any obligation under this Agreement due to causes beyond its control.
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