Limitation Of Liability - Lexmark 4227 User Manual

Extent of Warranty
We do not warrant uninterrupted or error-free operation of a
machine.
Warranty service does not include repair of failures caused by
misuse, accident, modification, unsuitable physical or operating
environment, operation in other than the Specified Operating
Environment, improper maintenance by you, failure caused by
service of the machine by those other than a Remarketer or
Lexmark, or failure caused by a product, including supplies, for
which we are not responsible.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN
DURATION TO THE WARRANTY PERIOD. NO WARRANTIES,
EXPRESS OR IMPLIED, WILL APPLY AFTER THIS PERIOD.

Limitation of Liability

Your sole remedy under this Statement of Limited Warranty is set
forth in this section. For any claim concerning performance or
nonperformance of Lexmark or a Remarketer for this machine
under this Statement of 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 greater of 1) $5,000 or 2) the amount you paid
for the machine which 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
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.
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Appendix B: Statement of Limited Warranty