Lexmark International, Inc. Lexington, KY (“Lexmark”) warrants to the original purchaser of any Lexmark Surge Protector for the life of the product, that the Surge Protector shall be free of defects in material and workmanship, and will repair or replace, at its option, any defective Lexmark Surge Protector free of charge.
This limited warranty covers Lexmark-branded laser devices that is damaged by transient voltage (an “Event”) while properly connected with a Surge Protector to a properly wired AC power line with a protective ground. UNDER NO CIRCUMSTANCES SHOULD ANY DEVICE OTHER THAN A LEXMARK-BRANDED LASER DEVICE BE CONNECTED TO A LEXMARK SURGE PROTECTOR. LEXMARK WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO ANY OTHER DEVICE CONNECTED TO A LEXMARK SURGE PROTECTOR.
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 Lexmark Surge Protector.
This limited warranty applies only if the Surge Protector was originally purchased for your use, and not for resale, from Lexmark or a Lexmark remarketer, referred to in this statement as "Remarketer".
If the Surge Protector does not function as warranted during the warranty period, contact a Remarketer or Lexmark for repair or replacement (at Lexmark's option). To obtain warranty service, you may be required to present the original Surge Protector. If you transfer the Surge Protector 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.
The warranty is null and void unless all wires leading into the equipment pass through an appropriate Surge Protector as described below. The warranty will not cover claims for damage resulting from telephone-line transients unless the Lexmark-branded laser device is properly connected to a Lexmark Surge Protector that offers telephone-line protection. The warranty will not cover claims for damage resulting from network-line protection unless the Lexmark-branded laser device is properly connected to a Surge Protector that offers network-line protection. If you are using an AC Surge Protector that does not have phone or network-line protection, the warranty is null and void if a power disturbance damages your Lexmark-branded laser device through the phone or network. The warranty only applies if the disturbance entered through the AC-line or through the telephone-line.
To obtain warranty service you may be required to present proof of original purchase. You may be required to deliver your Surge Protector 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 Surge Protector while it is in transit to the Remarketer or the designated location.
If a Lexmark-branded laser device is damaged by an Event while properly connected with a Surge Protector to a properly wired AC power line with a protective ground, Lexmark will, at its option, either repair or replace the damaged Lexmark-branded laser device. In the case of a replacement, the replacement may be a new or repaired item. If the original Lexmark-branded laser device was under warranty at the time it was damaged, the replacement will assume the remaining warranty period of the original Lexmark-branded laser device. When warranty service involves the exchange of a Lexmark-branded laser device, the original Lexmark-branded laser device becomes the property of the Remarketer or Lexmark.
Recovery is not available to you if the Lexmark-branded laser device returned to Lexmark is not free of all legal obligations, restrictions, liens, and encumbrances.
This is a Limited Warranty subject to the limitations and exclusions set forth herein. Lexmark does not warrant uninterrupted or error-free operation of any product.
This warranty does not include repair or replacement for failures caused by:
Lexmark reserves the right to review the damaged Surge Protector, the damaged Lexmark-branded laser device, and the site where the damage occurred. All costs of shipping the Surge Protector and the damaged Lexmark-branded laser device to Lexmark for inspection shall be borne solely by the purchaser. If Lexmark determines, in its sole discretion, that it is impractical to ship the damaged Lexmark-branded laser device to Lexmark, Lexmark may designate, in its sole discretion, a Lexmark Authorized Service Provider or other agent to inspect the damaged device. The cost, if any, of shipping the Lexmark-branded laser device to and from such repair facility shall be borne solely by the purchaser. Damaged equipment must remain available for inspection until the claim is ﬁnalized. Whenever claims are settled, Lexmark reserves the right to be subrogated under any existing insurance policies the claimant may have.
All above warranties contained herein are null and void if: the Surge Protector in use during the Event is not provided to Lexmark for inspection upon Lexmark's request at the sole expense of the purchaser; Lexmark determines that the Surge Protector has been opened, improperly installed, altered in any way or tampered with; Lexmark determines that the damage did not result from the Event or that no Event in fact took place; or Lexmark determines that the connected Lexmark-branded laser device was not used under normal operating conditions or in accordance with any manufacturer’s instructions for the connected devices. All Lexmark Surge Protectors must be plugged directly into a properly wired AC power line with a protective ground and must not be “daisy-chained” together in serial fashion with other power strips, UPSes, other surge protectors, three-to-two-prong adapters, or extension cords. Any such installation voids this warranty. This warranty only protects against damage to properly connected Lexmark-branded laser devices where Lexmark has determined, in its sole discretion, that the damage resulted from an Event, and does not protect against acts of God such as ﬂood, earthquake, war, vandalism, theft, a direct lightning strike, normal-use wear and tear, erosion, depletion, obsolescence, abuse, damage due to low-voltage disturbances (i.e., brownouts or sags), a temporary overvoltage, non-authorized program, or system equipment modification or alteration. The Surge Protector may only be used indoors and in dry areas.
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.
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 a Surge Protector under this limited warranty, 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 Surge Protector that caused the damages. This limitation of liability will not apply to claims by you for bodily injury 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.
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.
To file a claim against Lexmark, you must take the following steps:
a. The part number of the Lexmark Surge Protector;
b. The serial number of any Lexmark-branded laser device that was connected to the Surge Protector at the time of the Event;
c. A description of the Event and of the damage caused to any Lexmark-branded laser device that was connected to the Surge Protector at the time of the Event;
d. The date of the Event;
e. The dates of purchase of the subject Surge Protector and the Lexmark-branded laser device.
f. A copy of original receipt of the subject Surge Protector.
Your Lexmark Customer Service Representative will then instruct you on how to proceed with your claim.