Lexmark 35S0150, 35S0200, MS410DN manual Extent of limited warranty, Limitation of liability

Notices 165

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.

As part of your warranty service and/or replacement, Lexmark may update the firmware in your printer to the latest version. Firmware updates may modify printer settings and cause counterfeit and/or unauthorized products, supplies, parts, materials (such as toners and inks), software, or interfaces to stop working. Authorized use of genuine Lexmark products will not be impacted.

Before you present this product for warranty service, remove all print cartridges, programs, data, and removable storage media (unless directed otherwise by Lexmark).

For further explanation of your warranty alternatives and the nearest Lexmark authorized servicer in your area contact Lexmark on the World Wide Web.

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

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.