Xerox Phaser 1235 User Manual page 8

THE ABOVE WARRANTIES ARE GIVEN BY XEROX WITH RESPECT TO THIS
PRODUCT AND ITS CUSTOMER REPLACEABLE CONSUMABLES IN LIEU OF ANY
OTHER WARRANTIES, EXPRESS OR IMPLIED. XEROX AND ITS VENDORS
DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE OR ANY SIMILAR STANDARD IMPOSED BY APPLICABLE
LEGISLATION. XEROX' RESPONSIBILITY TO REPAIR, REPLACE, OR OFFER A
REFUND FOR DEFECTIVE PRODUCTS AND CUSTOMER REPLACEABLE
CONSUMABLES IS THE SOLE AND EXCLUSIVE REMEDY PROVIDED TO THE
CUSTOMER FOR BREACH OF THESE WARRANTIES. XEROX AND ITS VENDORS
WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) IRRESPECTIVE OF
WHETHER XEROX OR THE VENDOR HAS ADVANCE NOTICE OF THE POSSIBILITY
OF SUCH DAMAGES.
For the software warranty please see the end user license agreement included with the
software.
If you are an Australian consumer, you should be aware that the Trade Practices Act
1974 and equivalent State and Territory legislation (collectively "the Acts") contain
special provisions designed to protect Australian consumers. Nothing in any Fuji Xerox
warranty material excludes or limits the application of any provision of any of the Acts,
where to do so would contravene the Acts or cause any part of this warranty to be void.
In this warranty material, an implied condition or warranty, the exclusion of which from
a contract with a "Consumer" (as defined in the Acts) would contravene any provision of
the Acts or cause any part or all of this warranty to be void, is called a "Non-excludable
Condition". To the full extent permitted by law, Fuji Xerox's sole and total liability to
the customer for a breach of any Non-excludable Condition (including for any
consequential loss suffered by the customer) is limited, except as otherwise stated
herein, to (at Fuji Xerox' option) replacing or repairing the goods, or resupplying, or
paying the cost of the resupply of, the services, in respect of which the breach occurred.
Subject to the above, all conditions and warranties which would or might otherwise be
implied in a Consumer contract, whether by operation of statute, inference from
circumstances, industry practice or otherwise, are excluded.