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Exclusion of Liability | ![]() |
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(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:- |
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(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 |
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(ii) | the interpretation of the Report and / or the application of the results
as stated and / or the accuracy of any advices based thereon |
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(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 |
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(iv) | incorrect information or data supplied by the Customer relating to the
Sample |
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(v) | loss of or damage to the Sample when in the possession of IMSL |
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(vi) | delay in provision of the Service or mis-delivery or non-delivery of
any Report or Sample. |
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(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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IMSL is a registered trademark of Industrial
Microbiological Services Limited. |
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