Statement of Limited Warranty | Lexmark Australia

Statement of Limited Warranty

Lexmark International, Inc. Lexington, KY

This limited warranty with next business day replacement service constitutes Lexmark’s Replacement Guarantee (hereinafter "warranty" or "limited warranty") for the Lexmark X5400 Series, the Lexmark X9300 Series, and the Lexmark Z845 Series. This limited warranty applies to the United States. For customers outside the U.S., refer to the country-specific warranty information that came with your product.

This limited warranty applies to this product only if it was originally purchased for your use, and not for resale, from Lexmark or a Lexmark remarketer, referred to in this statement as "Remarketer".

Limited warranty

Lexmark warrants and guarantees that this product:

  • Is manufactured from new parts, or 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. You should transfer proof of original purchase and this statement to that user.

Limited warranty service

The warranty/guarantee period starts on the date of original purchase as shown on the purchase receipt. The warranty/guarantee period ends 12 months later.

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 prepaid and suitably packaged to a Lexmark designated location. You are responsible 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. Replacement is not available to you if the product you present for exchange is defaced, altered, in need of a repair not included in warranty service, damaged beyond repair, or if the product is not free of all legal obligations, restrictions, liens, and encumbrances. Before you present this product for warranty service, remove all print cartridges, programs, data, and removable storage media (unless directed otherwise by Lexmark).

Replacement Delivery

As a special feature of your product’s Protection Guarantee, during the warranty period, Lexmark will make reasonable efforts to deliver warranty replacements on the Next Business Day, subject to the following:

  • "Business Day" means Monday through Friday and excludes all holidays
  • You must obtain authorisation for a replacement from Lexmark technical support before 8 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.
  • Lexmark cannot be responsible for carrier delays, carrier shipment limitations, supplier delays, or any external factors beyond Lexmark’s control.

IN NO EVENT WILL LEXMARK BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, INCIDENTAL DAMAGE, OR OTHER ECONOMIC CONSEQUENTIAL OR INDIRECT DAMAGES RELATING IN ANY WAY TO DELAY IN DELIVERY OF A REPLACEMENT.

For further explanation of your warranty alternatives and the nearest Lexmark authorised servicer in your area, contact Lexmark at (800) 332-4120, or on the World Wide Web at http://support.lexmark.com.

Remote technical support is provided for this product throughout its warranty period. For products no longer covered by a Lexmark warranty, technical support may not be available or only be available for a fee.

Extent of limited warranty

We do not warrant uninterrupted or error-free operation of any 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 authorised servicer
  • Operation of a product beyond the limit of its duty cycle
  • Use of printing media outside of Lexmark specifications
  • Supplies (such as ink) not furnished by Lexmark
  • Products, components, parts, materials, software, or interfaces not furnished by Lexmark TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LEXMARK NOR ITS THIRD PARTY SUPPLIERS OR REMARKETERS MAKE ANY OTHER WARRANTY, GUARANTEE, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS PRODUCT, AND SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY. ANY WARRANTIES THAT MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, WILL APPLY AFTER THIS PERIOD. ALL INFORMATION, SPECIFICATIONS, PRICES, AND SERVICES ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.

Limitation of liability

Your sole remedy under this limited warranty is set forth in this document. For any claim concerning performance or nonperformance of Lexmark or a Remarketer for this product under this limited warranty (including the Protection Guarantee), 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 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 OR 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 claims against any Suppliers and Remarketers of Lexmark. Lexmark's and its Suppliers' and Remarketers' limitations of remedies are not cumulative. Such Suppliers and Remarketers are intended beneficiaries of this limitation.

Additional rights

Some states do not allow limitations on how long an implied warranty lasts, or do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions contained above may not apply to you. This limited warranty gives you specific legal rights. You may also have other rights that vary from state to state.