Exclusion of Liability
     
  (a)
IMSL warrants that the results as stated in the Report are accurate in so far as they relate to that Sample as received in the laboratory of IMSL. Except in respect of death or personal injury caused by IMSL's negligence IMSL accepts no other liability or responsibility to any party whatsoever (whether caused by the negligence of IMSL, its employees, or agents or otherwise) arising out of or in connection with the provision of the Service or performance of a Contract. In particular, but without prejudice in the generality of the foregoing IMSL shall have no liability or responsibility whatsoever in respect of or in any way by reference to:-
 
       
    (i)
the taking of the Sample (unless this is done by an agent of IMSL), the accuracy of the Sample or its suitability for the purpose(s) for which it is taken or applied, the designation, handling, storage or transport of the Sample prior to its delivery to the laboratory of IMSL or its condition upon such delivery
 
       
    (ii)
the interpretation of the Report and / or the application of the results as stated and / or the accuracy of any advices based thereon
 
       
    (iii)
any (or any alleged) lack of competence, negligence, failure or breach of duty on the part of any person engaged in or responsible for any of the activities or functions referred to above whether or not such agent is described as an agent of IMSL or otherwise. All such persons shall be deemed to be agents of the Customer and not to be agents or representatives in any capacity of IMSL
 
       
    (iv)
incorrect information or data supplied by the Customer relating to the Sample
 
       
    (v)
loss of or damage to the Sample when in the possession of IMSL
 
       
    (vi)
delay in provision of the Service or mis-delivery or non-delivery of any Report or Sample.
 
       
  (b)
In the event of any claim arising against IMSL, IMSL expressly excludes liability for any consequential loss or damage or any loss of value, profit, business, revenue, goodwill, yields, production or anticipated saving which may arise in respect of or in any way by reference to any Report, analysis, advice or information given verbally by any person or contained in any Report, leaflet, book, pamphlet, brochure or any other document, whether prepared, published or issued by IMSL or otherwise.
 
         

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