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Under its Prebate Program (now known as the Lexmark Return Program), through a shrinkwrap license, Lexmark sold certain printer cartridges at a discount (as much as $50 less) [5] to customers who agreed to "use the cartridge only once and return it only to Lexmark for remanufacturing or recycling". Lexmark's "Non-Prebate" cartridges could be ...
The following is a partial list of Lexmark products currently sold under the Lexmark brand. Printers. Laser printers suffixes:a ...
Ink cartridges are typically priced at $13 to $75/US fl oz ($1,664 to $9,600/US gal; $440 to $2,536/L) of ink, [15] meaning that refill cartridges sometimes cost a substantial fraction of the cost of the printer. To save money, many people use compatible ink cartridges from a vendor other than the printer manufacturer [citation needed].
Enter the Canon Pixma MG2522 all-in-one, currently on sale at Walmart for just $29. You'd be hard-pressed to buy a single ink cartridge for $29, let alone an entire printer.
The decision holds that Lexmark can enforce the "single use only" policy written on the side of Lexmark printer cartridge boxes sold to large customers at a discount, with the understanding that the customers will return the cartridges to Lexmark after using them (so that the cartridges would not be diverted, refilled, and then resold), or else ...
Arizona Cartridge Remanufacturers Association Inc. v. Lexmark International Inc., [1] 421 F.3d 981 (9th Cir. 2005) [2] was a decision by the United States Court of Appeals for the Ninth Circuit which ruled that an End User License Agreement on a physical box can be binding on consumers who signal their acceptance of the license agreement by opening the box.
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