Canadian Statement of
Limited Warranty
Lexmark Canada, Inc.
50 Leek Crescent
Richmond Hill, Ontario
L4B 4J3
This warranty applies to Canada. For customers outside
Canada, refer to the country-specific warranty information that
came with your product.
This Statement of Warranty applies to this product if it was
originally purchased for your use, and not for resale, from
Lexmark Canada, Inc. ("Lexmark") or a Lexmark remarketer,
referred to in this statement as "Remarketer."
Warranty
Lexmark warrants 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 (e.g., additional paper tray,
envelope feeder, scanner, etc.), 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. The transferee may be
required to present proof of original purchase and a copy of this
statement to obtain warranty service.
Warranty service
The warranty period is 12 months and starts on the date of
original purchase as shown on the purchase receipt.
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, suitably packaged, to a
Lexmark designated location. Unless otherwise provided for by
provincial law, you are responsible for shipping charges and 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.
Before you present this product for warranty service, remove any
print cartridge(s), programs, data, and removable storage media
(unless otherwise directed by Lexmark).
For further explanation of your warranty alternatives and the
nearest Lexmark authorized servicer in your area, please contact
Lexmark at 1-800-539-6275, 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 warranty
We do not warrant uninterrupted or error-free operation of a
product.
Replacement is not available to you if the product you present for
exchange is defaced, altered, or damaged or in need of a repair
not included in warranty service (as listed below). Also, such
product must be free of any legal obligations and restrictions.
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 authorized servicer
•
Operation of a product beyond the limit of its duty cycle
(the maximum number of pages that the product is
designed to process monthly)
•
Failure to have installed a maintenance kit as specified
(if applicable)
•
Use of printing media outside of Lexmark
specifications
•
Use of other than Lexmark supplies (such as toner
cartridges, inkjet cartridges, and ribbons), except
where such mandatory use of Lexmark supplies is
prohibited by provincial law.
ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES
AND CONDITIONS, INCLUDING THE IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION
TO THE WARRANTY PERIOD. NO WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, WILL APPLY AFTER
THIS PERIOD.
Limitation of liability
Your sole remedy under this Statement of Warranty is set forth in
this section. For any claim against Lexmark or a Remarketer
concerning performance or nonperformance of this product, you
9
may only recover direct damages up to the limit set forth as
follows:
To the maximum extent permitted by applicable law, Lexmark's
liability for direct damages from any cause whatsoever will be
limited to the lesser of 1) $5,000 or 2) the amount you paid for the
product that caused the damages, including claims by you for
bodily injury or damage to real property or tangible personal
property. In no event will Lexmark be liable for any special or
indirect damages, lost profits, lost savings, incidental or other
economic consequential damages, or other economic damages
or losses. This is true even if you advise Lexmark or the
Remarketer of the possibility of such damages or losses.
Lexmark is not liable for any claim by you based on a third party
claim.
This limitation of liability also applies to any claim by you against
any developer, including Lexmark International, Inc., of materials
or products supplied to Lexmark. Lexmark's, the developer's and
the manufacturer's limitations of liability are not cumulative. Such
developers and manufacturers are intended beneficiaries of this
limitation.
Additional rights
You may have greater rights existing under legislation in your
province or territory. Where any term of this warranty is
prohibited by such laws, it shall be null and void, but the
remainder of the warranty shall remain in effect.