THESE TERMS AND CONDITIONS APPLY TO ALL PURCHASES OF PRODUCTS OR SERVICES FROM THIS SITE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
This Lexmark site located at https://www.lexmark.com/en_ca.html (this “Site”) is owned and operated by Lexmark International, Inc. and may be used to sell you products and/or services by Lexmark International, Inc. and its subsidiaries (collectively, “Lexmark” “We” or “Us” ). The following terms and conditions govern Your use of this Site and the purchase of products and/or services by you (“Customer” or “You” or “Your”) through this Site. By placing an order on the Site, You are indicating Your consent to contract electronically and Your acceptance of the following terms and conditions (the "Terms and Conditions" or “Agreement”). These Terms and Conditions constitute the entire agreement between You and Lexmark as to their subject matter and these supersede and replace all prior and contemporaneous oral and written agreements. These Terms and Conditions may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both You and Lexmark.
These Terms and Conditions shall apply to online offers, acceptances and or contracts of sale made and or entered into between Lexmark and You, accessing the Site and the purchase of products (“Products”) and or services (“Services”) by You through the Site. Lexmark shall not be bound by any conflicting terms and conditions You may use unless expressly accepted by Lexmark and writing. By clicking the relevant box included in the Site when You are placing an order, You agree to be bound by these Terms and Conditions.
Any prices, quotations and descriptions made or referred to on this Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to Lexmark’s express acceptance of Your order (as described below.) Promotional offers and prices are for a limited time.
While Lexmark makes every effort to ensure that Products or Services appearing on the Site are available, Lexmark cannot guarantee that all Products or Services are in stock or immediately available when You submit Your order. Lexmark may reject or cancel Your order without liability if Lexmark is unable to process or fulfill it. Lexmark will refund any prior payment that You have made for that Product or Service.
An order submitted by You on this Site constitutes an offer by You to Us to purchase Products or Services in Your shopping basket based on these Terms and Conditions and is subject to Lexmark’s subsequent acceptance.
Prior to such acceptance, an automatic e-mail confirmation of Your order will be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of Your order.
Our acceptance of Your order takes effect and the contract concluded at the point where such offer is expressly accepted by us dispatching Your order for Product or commencing Services and accepting Your credit card or other payment ("Acceptance”).
We may keep records of orders received, acknowledgements, acceptances and other contract records for a reasonable period after Acceptance. We may be able to provide You with copies on written request. Please contact the Lexmark Customer Support Hotline for any such request. However, Your order is subject to the Terms and Conditions in effect at the time You place Your order. You must make sure to retain a copy of all such documents and these Terms and Conditions for Your own records.
Terms of payment are within Lexmark's sole discretion, and unless otherwise agreed to by Lexmark, payment must be received by Lexmark prior to Lexmark's acceptance of an order. Payment for the Products or Services through this Site will be made by the payment method(s) as provided on the Site by Lexmark. Lexmark may invoice parts of an order separately. Your order is subject to cancellation by Lexmark, at Lexmark's sole discretion. Lexmark's standard pricing policy for Lexmark-branded Products applies to all orders. Lexmark is not responsible for pricing, typographical, or other errors in any offer by Lexmark and reserves the right to cancel any orders resulting from such errors.
Payment for the Products and/or Services shall be made by You by the payment methods indicated prior to submission of Your order to Lexmark. Lexmark reserves the right to offer You only certain methods of payment for the requested delivery. For example, Lexmark reserves the right to carry out the delivery requested by You only against certain methods of payment in order to secure the credit risk according to the respective credit worthiness. Lexmark may use a third-party payment processor to process payment for the Products and/or Services. Processing of payment is subject to any additional terms, conditions, and policies of the payment processor which You may read and acknowledge during the payment process available under https://braintreepayments.com. Lexmark reserves the right to change or add third party payment processors.
Invoices will be sent by email in PDF format to the email address provided by You when placing the order. Lexmark may invoice parts of an order separately.
You represent that information provided by You when placing Your order is up-to-date, materially accurate and is sufficient for Lexmark to fulfill Your order.
You are responsible for maintaining and promptly updating Your account information with Us for accuracy and completeness and keeping such information (and any passwords given to You for the purposes of accessing the Site and/or purchasing Products and/or Services) secure against unauthorized access.
Unless agreed otherwise or required by applicable law, any warranties provided in relation to Products or Services only extend to You on the understanding that You are a user and not a reseller of those Products or Services.
No warranty, commitment or any other obligation should ever be assumed by You on Lexmark’s behalf or on behalf of a Product manufacturer, or Product or Service licensor or supplier without Lexmark’s express prior written consent.
Lexmark will only ship Products purchased from the Site to locations within Canada. Delivery timescale or dates specified on the Site, in any order acknowledgement, acceptance or elsewhere are estimates only. While Lexmark endeavors to meet such timescales or dates, Lexmark does not undertake to dispatch Products and/or commence Services by a particular date or dates and shall not be liable to You in respect of delays or failure to do so.
Delivery shall be to a valid address within Canada submitted by you and subject to Acceptance ("Delivery Address"). You must check the Delivery Address on any acknowledgement or acceptance Lexmark provides and notify Lexmark without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.
If You refuse or fail to take delivery of Products provided in accordance with these Terms and Conditions, any risk of loss or damage to the Products shall nonetheless pass and be without prejudice to any other rights or remedies Lexmark may have.
Lexmark shall be entitled to immediate payment in full for the Products or Services delivered and either to effect delivery by whatever means Lexmark considers appropriate or to store Products at Your risk;
You shall be liable to pay on demand all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery;
Lexmark shall be entitled thirty (30) days after the date of Your refusal or failure to take delivery to dispose of Products in such manner as Lexmark, in its sole discretion, determines and may set off any proceeds of sale against any sums due from You.
Where Lexmark delivers Products by installments, each installment constitutes a separate contract and any defect in any one or more installments shall not entitle You to repudiate the contract as a whole nor to cancel any subsequent installment.
Save as otherwise provided in these Terms and Conditions, title and all rights, risks and rewards of ownership including but not limited to risk of loss of or damage to the Products, passes to You on shipment of the Product from Lexmark or its agent. You must notify Lexmark within twenty-one (21) days of the date of Your invoice or acknowledgement if You believe any part of Your purchase is missing, wrong or damaged. Unless You provide Lexmark with a valid and correct tax exemption certificate applicable to Your purchase of Product and the Product ship-to location, You are responsible for sales and other taxes associated with the order. See “Order Help” for further requirements on the tax exemption process.
Lexmark reserves the right to withhold deliveries until full payment in the event of any payment default by You, charge default interest at the legal rate, assess late charges, and recover any other losses resulting from Your default.
Prices, delivery costs and payment terms are as stated on this Site at the time of Your order. Lexmark, in its sole discretion, may offer you time-limited discounts. Lexmark reserves the right to change the information, products, services and or prices published on the Site at any time. However, these changes will not affect orders for which You have already received an acceptance from Lexmark.
Where any Product supplied is or includes software ("Software"), this Software is licensed by Us or by the relevant licensor/owner subject to the relevant end-user license agreement or other license terms included with Software ("License Terms") and/or the Product. In addition:
Such Software may not be copied, duplicated, sublicensed, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered, combined with any other software, and You may not otherwise create derivative works from the Software, save to the extent that
(i) this is permitted in the License Terms, or
(ii) applicable law expressly mandates such a right which cannot legally be excluded by contract.
Save to the extent provided for in any applicable License Terms, where any Software is delivered to You in a stand-alone basis (for example on a CD-ROM and not embedded on a Product), Your rights of return and/or to a refund under these Terms and Conditions and any applicable Returns Policy do not apply in the event that You open the Software shrink-wrap and/or break the license seal and/or use the Software.
Except to the extent expressly provided by Us in writing, under relevant License Terms, and to the extent permitted by applicable law, Software is provided 'as is' without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description, and Lexmark does not offer any warranties or guarantees in relation to Software installation, configuration or error/defect correction. You are advised to refer to any License Terms with regards to determining Your rights against a manufacturer, licensor or supplier of the Software.
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT LEXMARK IS AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE
(1) LEXMARK’S AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS AND/OR SERVICES YOU ORDERED AND THAT ARE DIRECTLY RELATED TO YOUR DAMAGES AND
(2) LEXMARK SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER.
THE LIMITED WARRANTIES APPLICABLE TO LEXMARK PRODUCTS CAN BE FOUND AT www.lexmark.com OR IN THE DOCUMENTATION LEXMARK PROVIDES WITH LEXMARK-BRANDED PRODUCT. LEXMARK MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-LEXMARK BRANDED PRODUCT, SERVICE, MAINTENANCE OR SUPPORT. SUCH PRODUCT, SOFTWARE, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY LEXMARK "AS IS" AND ANY THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY LEXMARK. LEXMARK MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN LEXMARK'S APPLICABLE LEXMARK-BRANDED WARRANTY OR SERVICE DESCRIPTION IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. LEXMARK-BRANDED WARRANTIES AND SERVICES ARE EFFECTIVE ON PAYMENT IN FULL, AND LEXMARK IS NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE SERVICE UNTIL LEXMARK RECEIVES PAYMENT IN FULL. LEXMARK MAY REQUEST CANCELLATION OF THIRD PARTY-BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF LEXMARK DOES NOT RECEIVE PAYMENT. IF YOU PURCHASE THIRD PARTY-BRANDED PRODUCT, SERVICES, MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD-PARTY TERMS AND CONDITIONS MAY APPLY.
You shall indemnify Lexmark against any and all liabilities, claims and costs incurred by or made against Lexmark as a direct or indirect result of Lexmark performing Services or carrying out any work on or to the Products where this has been done to Your (or Your representative's) specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party or any other damages or alleged damages.
Lexmark’s obligation to You with respect to claims of third parties arising out of or relating to any Lexmark Products purchased by You from this Site shall be limited to those obligations contained in Lexmark’s statement of limited warranty included with every Product, except that to the maximum extent legally permitted, whether or not Lexmark has been advised of the possibility of such damages, and whether or not the limited remedies described fail of their essential purpose, in no event shall Lexmark be liable for any lost profits, lost savings, incidental damages, or consequential damages.
EXCEPT AS EXPRESSLY STATED OTHERWISE IN THE STATEMENT OF LIMITED WARRANTY INCLUDED WITH A PRODUCT, LEXMARK MAKES NO EXPRESS WARRANTIES OR REPRESENTATIONS AND DISCLAIMS FOR ANY PRODUCT OR SERVICE ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THESE TERMS AND CONDITIONS STATE YOUR SOLE AND EXCLUSIVE REMEDIES.
Please note that our Privacy Notice is subject to change. To keep up to date with changes to the Privacy Notice, please read it before each order You make from the Site.
Lexmark's return policy can be found at: https://www.lexmark.com/en_ca/order-help.html. You agree to the terms of such return policy. You must contact Us directly before You attempt to return any Product to obtain a Return Material Authorization Number for You to include with Your return. You must return Product to Us in the original or equivalent packaging. You are responsible for risk of loss and all shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return instructions and policies provided by Lexmark, Lexmark is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At Lexmark's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. Products returned to Lexmark outside the applicable warranty period or for which Lexmark has not expressly consented to a return will not be eligible for credit. Should You make an unauthorized return of Product to Lexmark, You acknowledge and agree Lexmark has no obligation to return it to You or provide any credit to You relating to such return. You acknowledge and agree Lexmark shall have the right to recycle and/or otherwise dispose of such Product.
Lexmark's policy is one of ongoing update and revision. Lexmark may revise and discontinue Products or Services at any time without notice to You and this may affect availability of Product or Services saved in Your online "cart."
IN ANY DISPUTE BETWEEN LEXMARK AND CUSTOMER, NEITHER CUSTOMER NOR LEXMARK SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM UNDER THESE TERMS AND CONDITIONS.
You shall not assign, transfer, charge or make over or purport to assign, transfer, charge or make over Your rights under these Terms and Conditions. Lexmark shall have the right to subcontract the performance of its obligations under these Terms and Conditions to any third parties.
Lexmark shall not be liable to You nor held in breach of these Terms and Conditions for any loss or damage which may be suffered by You as a direct or indirect result of Lexmark being prevented, hindered or delayed, in whole or in part, in the performance by reason of any circumstances beyond Lexmark’s reasonable control including, but not limited to, any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, pandemic or epidemic, strike, lock-out, trade dispute or labor disturbance default of suppliers or sub-contractors, breakdown of plant or machinery, interruption in the supply of power or materials, failure of a utility service or transport or telecommunications network or the internet, and in such event Lexmark may, in its sole discretion, elect to cancel Your order and refund any payments made.
You acknowledge that these Terms and Conditions supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us. These Terms and Conditions prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. To the fullest extent permitted under applicable law, Lexmark reserve the right to modify these Terms and Conditions upon prior written notice to You with effect for the future - subject to Your right to reject, by way of written notice, Lexmark’s modifications to these Terms and Conditions with respect to any orders for which Acceptance, but not yet fulfillment, has occurred.
Lexmark Products and/or Services are subject to export laws. Once Lexmark has delivered the Products or provided the Services to you, you are responsible for complying with all export regulations if you ship Lexmark Products and/or Services to countries outside of Canada.
No waiver of any term or condition of these Terms and Conditions shall be effective unless made in writing and signed by Us. The failure to exercise, delay in exercising or any other waiver of any right, power, or remedy provided by these Terms and Condition shall not be construed as a waiver of any right, power, or remedy arising as a result of any subsequent breach of that provision or any other provision of these Terms and Conditions.
If for any reason Lexmark determines or a court of competent jurisdiction finds that any provision or portion of these Terms and Conditions to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction:
These Terms and Conditions will not be affected in other jurisdictions to the extent that such determination or finding has no application; and
in the relevant jurisdiction, the remainder of these Terms and Conditions (to the fullest extent permitted by law) will continue in full force and effect.
Additional terms and conditions may be included with the Products and/or Services purchased on this Site, and You hereby consent to be governed by any and all of such additional terms unless You return the Product, unused, within thirty (30) days of purchase, and, concurrently with such return, notify Lexmark in writing of Your non-acceptance, or with respect to any Service purchased on the Site, You refuse such Service.
You agree to comply with all applicable laws and regulations of Canada and its provinces. You agree and represent that You are buying only for Your own internal use only, and not for resale or export.
The construction, validity and performance of these Terms and Conditions shall be governed by the laws of the province of Ontario, Canada, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on this Site shall be an appropriate court of jurisdiction in Ontario.
Lexmark reserves the right to change these Terms and Conditions at any time. If Lexmark makes such changes, Lexmark will post the revised Terms and Conditions here, along with the date of the revision. Any changes will apply only from the date of the revision.
All text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software owned by Lexmark International, Inc. (and the compilation of such content), is the property of Lexmark International, Inc., the Site and/or their content suppliers and is protected by Canadian, United States and/or international copyright laws.
All marks, graphics, logos, page headers, button icons, scripts, service names, data compilations, and software not owned by Lexmark International, Inc. are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lexmark International, Inc., the Site or their content suppliers. Neither the Site nor any materials from the Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, distributed in any form or by any means, or otherwise exploited for any commercial purpose without the prior written permission of Lexmark International, Inc.