Lexmark 40G0150, 40G0350, 40G0110, 40G0440, 40G0410, 40G0210, MS810DE Extent of limited warranty, 353

Notices 353

Extent of limited warranty

Lexmark does not warrant uninterrupted or error-free operation of any product or the durability or longevity of prints produced by any product.

Warranty service does not include repair of failures caused by: —Modification or unauthorized attachments

—Accidents, misuse, abuse or use inconsistent with Lexmark user’s guides, manuals, instructions or guidance —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

—Use of printing media outside of Lexmark specifications

—Refurbishment, repair, refilling or remanufacture by a third party of products, supplies or parts

—Products, supplies, parts, materials (such as toners and inks), 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 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, 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, 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.