Common use of Warranty and Indemnity Clause in Contracts

Warranty and Indemnity. 4.1 LGC warrants that all items in the Goods and/or Services are correctly identified and in good order, and have not to the best of its knowledge been tampered with, altered, added to or substituted in any way whatsoever prior to delivery to the Customer. Any statements (whether written or oral) as to the Goods supplied or Services carried out and all/any opinions in any reports or other communications provided by LGC to the Customer are made in good faith and on the basis of the Customer Materials. 4.2 Except where expressly accepted in these standard terms and conditions, all warranties, conditions, representations, rights, obligations, liabilities and other terms whether express or implied by statute or common law in connection with the Goods and/or Services (including without limitation any relating to performance, care and skill or compliance with representations) are, to the fullest extent permitted by law, excluded from the Agreement. 4.3 Save to the extent LGC is liable for negligence in its provision of the Goods and/or Services (subject to the other terms of this clause 4), LGC shall have no Liability for the use made by the Customer of the Goods and/or Services, for advice supplied by LGC to the Customer, and/or for any decisions taken by the Customer or costs incurred by the Customer in consequence of such use. 4.4 Nothing in these Conditions excludes or limits the liability of LGC for death or personal injury caused by LGC's negligence, fraud or fraudulent misrepresentation, or to the extent prohibited by law. 4.5 Subject to clause 4.4: a) LGC’s total aggregate Liability shall be limited to whichever is the lower of: (i) the value of Goods and/or Services; or (ii) £500,000; and the Customer shall have a duty to mitigate any loss suffered by it; and b) LGC shall have no Liability for loss of profit, loss of business or revenue, loss of anticipated savings, depletion of goodwill, any third party claims, or any indirect or consequential loss or damage, which arise out of or in connection with any Agreement. 4.6 The Customer’s sole remedy in respect of any Liability of LGC or its Personnel shall be in damages. 4.7 Save insofar as LGC can be shown to have been negligent in providing the Goods and/or Services, the Customer shall: (a) fully indemnify LGC and LGC’s Personnel against any loss, damage or injury (including injury resulting in death) to property or person sustained by (i) LGC and/or its Personnel, (ii) the Customer and/or its Personnel, and (iii) any third party, where such loss, damage or injury is caused by the negligent act or omission of the Customer or the Customer’s Personnel; and (b) fully indemnify LGC against all damages, costs, expenses (including professional fees) and losses suffered or incurred by LGC as a result of, or in connection with any third party claim brought against LGC resulting from death, injury, damage or loss occasioned by the use made of the Goods and/or Services including without limitation any report or other information or advice of LGC.

Warranty and Indemnity. 4.1 LGC ALL CHEMISTRY warrants that all items in the Goods and/or Services are correctly identified and in good order, and have not to the best of its knowledge been tampered with, altered, added to or substituted in any way whatsoever prior to delivery to the Customer. Any statements (whether written or oral) as to the Goods supplied or Services carried out and all/any opinions in any reports or other communications provided by LGC ALL CHEMISTRY to the Customer are made in good faith and if applicable on the basis of the Customer Materials. ALL CHEMISTRY laboratory products are subjected to tests by Quality Control to ensure quality. At time of dispatch, the standard purity and physical constants stated are typical values; they may vary slightly from batch to batch. Further specification and information may be supplied on request; non-standard quality testing procedures may be performed on payment of applicable additional charges. 4.2 Except where as otherwise expressly accepted stated in these standard Standard terms and conditionsConditions, all warranties, conditions, representations, rights, obligations, liabilities and other terms term whether express or implied by statute or common law in connection with the Goods goods and/or Services services (including without limitation any relating to performance, care Care and skill or compliance with representations, merchantability or fitness for a particular purpose) are, to the fullest extent permitted by law, excluded from the Agreementagreement and disclaimed. 4.3 Save to the extent LGC ALL CHEMISTRY is liable for negligence in its provision of the Goods and/or Services (subject to the other terms of this clause 4), LGC ALL CHEMISTRY shall have no Liability for the use made by the Customer of the Goods and/or Services, for advice supplied by LGC ALL CHEMISTRY to the Customer, and/or for any decisions taken by the Customer or costs incurred by the Customer in consequence of such use. 4.4 Nothing in these Conditions standard terms and conditions excludes or limits the liability of LGC for death or personal injury caused by LGC's negligence, fraud or fraudulent misrepresentation, or ALL CHEMISTRY to the extent prohibited by law. 4.5 Subject to clause 4.4: a) LGC4.5.1 ALL CHEMISTRY’s total aggregate Liability (including for negligence) in all circumstances shall be limited to whichever is the lower of: (i) the value of the affected Goods and/or Services; or (ii) £500,000; Services and the Customer shall have a duty to mitigate any loss suffered by it; and b) LGC 4.5.2 ALL CHEMISTRY shall have no Liability in any circumstances for loss of profit, loss of business or revenue, loss of anticipated savings, depletion of goodwill, any third party claims, or any indirect or consequential loss or damage, which arise out of or in connection with any Agreement, even if advised of the possibility of such losses or damages. 4.6 The Customer’s sole remedy in respect of any Liability of LGC ALL CHEMISTRY or its Personnel shall be in damagesdamages as set forth and limited in these standard terms and conditions. 4.7 Save insofar as LGC ALL CHEMISTRY can be shown to have been negligent in providing the Goods and/or Services, the Customer shall: (a) fully folly indemnify LGC ALL CHEMISTRY and LGCALL CHEMISTRY’s Personnel against any loss, damage or injury (including injury resulting in death) to property or person sustained by (i) LGC ALL CHEMISTRY and/or its Personnel, (ii) the Customer and/or its Personnel, and (iii) any third party, where such loss, damage or injury is caused by the negligent act or omission or willful misconduct of the Customer or the Customer’s Personnel; and (b) fully folly indemnify LGC ALL CHEMISTRY against all damages, costs, expenses of any kind whatsoever (including reasonable attorneys’’ fee and other professional fees) and losses suffered or incurred by LGC ALL CHEMISTRY as a result of, or in connection with any third party claim brought against LGC ALL CHEMISTRY resulting from death, injury, or any other damage or loss whatsoever occasioned by the use made of the Goods and/or Services including without limitation any report or other information or advice of LGCALL CHEMISTRY.

Warranty and Indemnity. 4.1 LGC MAINE STANDARDS COMPANY warrants that all items in the Goods and/or Services are correctly identified and in good order, and have not to the best of its knowledge been tampered with, altered, added to or substituted in any way whatsoever prior to delivery to the Customer. Any statements (whether written or oral) as to the Goods supplied or Services carried out and all/any opinions in any reports or other communications provided by LGC MAINE STANDARDS COMPANY to the Customer are made in good faith and on the basis of the Customer Materialsfaith. 4.2 Except where expressly accepted in these standard terms and conditionsEXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE STANDARD TERMS AND CONDITIONS, all warrantiesALL WARRANTIES, conditionsCONDITIONS, representationsREPRESENTATIONS, rightsRIGHTS, obligationsOBLIGATIONS, liabilities and other terms whether express or implied by statute or common law in connection with the Goods and/or Services LIABILITIES AND OTHER TERMS WHETHER EXPRESS OR IMPLIED BY STATUTE OR COMMON LAW IN CONNECTION WITH THE GOODS AND/OR SERVICES (including without limitation any relating to performanceINCLUDING WITHOUT LIMITATION ANY RELATING TO PERFORMANCE, care and skill or compliance with representationsCARE AND SKILL OR COMPLIANCE WITH REPRESENTATIONS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) areARE, to the fullest extent permitted by lawTO THE FULLEST EXTENT PERMITTED BY LAW, excluded from the AgreementEXCLUDED FROM THE AGREEMENT AND DISCLAIMED. 4.3 Save to the extent LGC MAINE STANDARDS COMPANY is liable for negligence in its provision of the Goods and/or Services (subject to the other terms of this clause 4), LGC MAINE STANDARDS COMPANY shall have no Liability for the use made by the Customer of the Goods and/or Services, for advice supplied by LGC MAINE STANDARDS COMPANY to the Customer, and/or for any decisions taken by the Customer or costs incurred by the Customer in consequence of such use. 4.4 Nothing in these Conditions standard terms and conditions excludes or limits the liability of LGC for death or personal injury caused by LGC's negligence, fraud or fraudulent misrepresentation, or MAINE STANDARDS COMPANY to the extent prohibited by law. 4.5 Subject to clause 4.4: a) LGCMAINE STANDARDS COMPANY’s total aggregate Liability (including for negligence) in all circumstances shall be limited to whichever is the lower of: (i) the value of the affected Goods and/or Services; or (ii) £500,000; Services and the Customer shall have a duty to mitigate any loss suffered by it; and b) LGC MAINE STANDARDS COMPANY shall have no Liability in any circumstances for loss of profit, loss of business or revenue, loss of anticipated savings, depletion of goodwill, any third party claims, or any indirect or consequential loss or damage, which arise out of or in connection with any Agreement, even if advised of the possibility of such losses or damages. 4.6 The Customer’s sole remedy in respect of any Liability of LGC MAINE STANDARDS COMPANY or its Personnel shall be in damagesdamages as set forth and limited in these standard terms and conditions. 4.7 Save insofar as LGC MAINE STANDARDS COMPANY can be shown to have been negligent in providing the Goods and/or Services, the Customer shall: (a) fully indemnify LGC MAINE STANDARDS COMPANY and LGCMAINE STANDARDS COMPANY’s Personnel against any loss, damage or injury (including injury resulting in death) to property or person sustained by (i) LGC MAINE STANDARDS COMPANY and/or its Personnel, (ii) the Customer and/or its Personnel, and (iii) any third party, where such loss, damage or injury is caused by the negligent act or omission or willful misconduct of the Customer or the Customer’s Personnel; and (b) fully indemnify LGC MAINE STANDARDS COMPANY against all damages, costs, expenses of any kind whatsoever (including reasonable attorneys’ fee and other professional fees) and losses suffered or incurred by LGC MAINE STANDARDS COMPANY as a result of, or in connection with any third party claim brought against LGC MAINE STANDARDS COMPANY resulting from death, injury, or any other damage or loss whatsoever occasioned by the use made of the Goods and/or Services including without limitation any report or other information or advice of LGCMAINE STANDARDS COMPANY.

Warranty and Indemnity. 4.1 LGC 8.1 The Seller warrants to Metreel Ltd that all items in the Goods: 8.1.1 will be of satisfactory quality (within the meaning of the Sale of Goods and/or Services are correctly identified Act 1979, as amended) and in good order, and have not fit for any purpose held out by the Seller or made known to the Seller by Metreel Ltd or which it would be reasonable for the seller to be expected to know of purpose based upon a course of dealing; 8.1.2 will be of the very best quality and free from defects in design, material and workmanship; 8.1.3 will comply in every respect with any specifications, drawings, samples or descriptions provided by Metreel Ltd or by the seller to Metreel Ltd; and 8.1.4 will comply with all statutory requirements and regulations and voluntary codes of its knowledge been tampered with, altered, added to or substituted in any way whatsoever prior to delivery to the Customer. Any statements (whether written or oral) as conduct relating to the Goods supplied or and their sale. 8.2 The Seller warrants to Metreel Ltd that the Services carried out will be performed by appropriately qualified and all/any opinions trained personnel, with due care and diligence, to such high standard of quality as it is reasonable for Metreel Ltd to expect in any reports or other communications provided by LGC all the circumstances and will comply with all statutory requirements and regulations and voluntary codes of conduct relating to the Customer are made in good faith and on the basis of the Customer Materials. 4.2 Except where expressly accepted in these standard terms and conditions, all warranties, conditions, representations, rights, obligations, liabilities and other terms whether express or implied by statute or common law in connection with the Goods and/or Services (including without limitation any relating to performance, care and skill or compliance with representations) are, to the fullest extent permitted by law, excluded from the Agreement. 4.3 Save to the extent LGC is liable for negligence in its provision of the Services. 8.3 If any Goods and/or or Services (subject supplied under the Order fail to comply with the other terms warranties set out in Conditions 1.28 and 8.2 Metreel Ltd shall be entitled to make use of this clause 4), LGC shall have no Liability for the use made by the Customer any one or more of the Goods and/or Services, for advice supplied by LGC to the Customer, and/or for any decisions taken by the Customer or costs incurred by the Customer in consequence of such use. 4.4 Nothing remedies listed in these Conditions excludes conditions 8.4 The Seller shall indemnify and keep Metreel Ltd indemnified in full from and against all direct, indirect or limits the liability of LGC for death or personal injury caused by LGC's negligenceconsequential liability, fraud or fraudulent misrepresentationloss, or to the extent prohibited by law. 4.5 Subject to clause 4.4: a) LGC’s total aggregate Liability shall be limited to whichever is the lower of: (i) the value of Goods and/or Services; or (ii) £500,000; and the Customer shall have a duty to mitigate any loss suffered by it; and b) LGC shall have no Liability for including loss of profit, loss of contracts and business interruption, damages, injury, costs and expenses (including legal expenses) awarded against or revenue, loss of anticipated savings, depletion of goodwill, any third party claims, incurred or any indirect or consequential loss or damage, which arise out paid by Metreel Ltd as a result of or in connection with: 8.4.1 breach of any warranty given by the Seller in relation to the Goods or the Services: 8.4.2 any claim that the Goods infringe, or their importation, use or resale, infringes, the patent, copyright, design right, trademark or other property or intellectual property rights of any other person, [except to the extent that the claim arises from compliance with any Agreement.specifications, drawings, samples or descriptions provided by Metreel Ltd]; 4.6 The Customer’s sole remedy 8.4.3 any liability under the Consumer Protection Act 1987 or the Product Safety Regulations in respect of the Goods; 8.4.4 any Liability acts or omissions of LGC the Seller or its Personnel shall be the Seller’s employees, agents or sub-contractors in damages.supplying and delivering the Goods; and 4.7 Save insofar as LGC can be shown to have been negligent in providing the Goods and/or Services, the Customer shall: (a) fully indemnify LGC and LGC’s Personnel against 8.4.5 any loss, damage or injury (including injury resulting in death) to property or person sustained by (i) LGC and/or its Personnel, (ii) the Customer and/or its Personnel, and (iii) any third party, where such loss, damage or injury is caused by the negligent act or omission of the Customer Seller or any of the Customer’s Personnel; and (b) fully indemnify LGC against all damagesSeller employees, costs, expenses (including professional fees) and losses suffered agents or incurred by LGC as a result of, or sub-contractors in connection with any third party claim brought against LGC resulting from death, injury, damage or loss occasioned by the use made performance of the Goods and/or Services including without limitation any report or other information or advice of LGCServices.

Warranty and Indemnity. 4.1 LGC VHG warrants that all items in the Goods and/or Services are correctly identified and in good order, and have not to the best of its knowledge been tampered with, altered, added to or substituted in any way whatsoever prior to delivery to the Customer. Any statements (whether written or oral) as to the Goods supplied or Services carried out and all/any opinions in any reports or other communications provided by LGC VHG to the Customer are made in good faith and on the basis of the Customer Materials. 4.2 Except where expressly accepted in these standard terms and conditionsEXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE STANDARD TERMS AND CONDITIONS, all warrantiesALL WARRANTIES, conditionsCONDITIONS, representationsREPRESENTATIONS, rightsRIGHTS, obligationsOBLIGATIONS, liabilities and other terms whether express or implied by statute or common law in connection with the Goods and/or Services LIABILITIES AND OTHER TERMS WHETHER EXPRESS OR IMPLIED BY STATUTE OR COMMON LAW IN CONNECTION WITH THE GOODS AND/OR SERVICES (including without limitation any relating to performanceINCLUDING WITHOUT LIMITATION ANY RELATING TO PERFORMANCE, care and skill or compliance with representationsCARE AND SKILL OR COMPLIANCE WITH REPRESENTATIONS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) areARE, to the fullest extent permitted by lawTO THE FULLEST EXTENT PERMITTED BY LAW, excluded from the AgreementEXCLUDED FROM THE AGREEMENT AND DISCLAIMED. 4.3 Save to the extent LGC VHG is liable for negligence in its provision of the Goods and/or Services (subject to the other terms of this clause 4), LGC VHG shall have no Liability for the use made by the Customer of the Goods and/or Services, for advice supplied by LGC VHG to the Customer, and/or for any decisions taken by the Customer or costs incurred by the Customer in consequence of such use. 4.4 Nothing in these Conditions standard terms and conditions excludes or limits the liability of LGC for death or personal injury caused by LGC's negligence, fraud or fraudulent misrepresentation, or VHG to the extent prohibited by law. 4.5 Subject to clause 4.4: a) LGCVHG’s total aggregate Liability (including for negligence) in all circumstances shall be limited to whichever is the lower of: (i) the value of the affected Goods and/or Services; or (ii) £500,000; Services and the Customer shall have a duty to mitigate any loss suffered by it; and b) LGC VHG shall have no Liability in any circumstances for loss of profit, loss of business or revenue, loss of anticipated savings, depletion of goodwill, any third party claims, or any indirect or consequential loss or damage, which arise out of or in connection with any Agreement, even if advised of the possibility of such losses or damages. 4.6 The Customer’s sole remedy in respect of any Liability of LGC VHG or its Personnel shall be in damagesdamages as set forth and limited in these standard terms and conditions. 4.7 Save insofar as LGC VHG can be shown to have been negligent in providing the Goods and/or Services, the Customer shall: (a) fully indemnify LGC VHG and LGCVHG’s Personnel against any loss, damage or injury (including injury resulting in death) to property or person sustained by (i) LGC VHG and/or its Personnel, (ii) the Customer and/or its Personnel, and (iii) any third party, where such loss, damage or injury is caused by the negligent act or omission or willful misconduct of the Customer or the Customer’s Personnel; and (b) fully indemnify LGC VHG against all damages, costs, expenses of any kind whatsoever (including reasonable attorneys’ fee and other professional fees) and losses suffered or incurred by LGC VHG as a result of, or in connection with any third party claim brought against LGC VHG resulting from death, injury, or any other damage or loss whatsoever occasioned by the use made of the Goods and/or Services including without limitation any report or other information or advice of LGCVHG.

Warranty and Indemnity. 4.1 LGC warrants that all items in the Goods and/or Services are correctly identified and in good order, and have not to the best of its knowledge been tampered with, altered, added to or substituted in any way whatsoever prior to delivery to the Customer. Any statements (whether written or oral) as to the Goods supplied or Services carried out and all/any opinions in any reports or other communications provided by LGC to the Customer are made in good faith and on the basis of the Customer Materials. 4.2 Except where expressly accepted in these standard terms and conditionsEXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE STANDARD TERMS AND CONDITIONS, all warrantiesALL WARRANTIES, conditionsCONDITIONS, representationsREPRESENTATIONS, rightsRIGHTS, obligationsOBLIGATIONS, liabilities and other terms whether express or implied by statute or common law in connection with the Goods and/or Services LIABILITIES AND OTHER TERMS WHETHER EXPRESS OR IMPLIED BY STATUTE OR COMMON LAW IN CONNECTION WITH THE GOODS AND/OR SERVICES (including without limitation any relating to performanceINCLUDING WITHOUT LIMITATION ANY RELATING TO PERFORMANCE, care and skill or compliance with representationsCARE AND SKILL OR COMPLIANCE WITH REPRESENTATIONS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) areARE, to the fullest extent permitted by lawTO THE FULLEST EXTENT PERMITTED BY LAW, excluded from the AgreementEXCLUDED FROM THE AGREEMENT AND DISCLAIMED. 4.3 Save to the extent LGC is liable for negligence in its provision of the Goods and/or Services (subject to the other terms of this clause 4), LGC shall have no Liability for the use made by the Customer of the Goods and/or Services, for advice supplied by LGC to the Customer, and/or for any decisions taken by the Customer or costs incurred by the Customer in consequence of such use. 4.4 Nothing in these Conditions standard terms and conditions excludes or limits the liability of LGC for death or personal injury caused by LGC's negligence, fraud or fraudulent misrepresentation, or to the extent prohibited by law. 4.5 Subject to clause 4.4: a) LGC’s total aggregate Liability (including for negligence) in all circumstances shall be limited to whichever is the lower of: (i) the value of the affected Goods and/or Services; or (ii) £500,000; Services and the Customer shall have a duty to mitigate any loss suffered by it; and b) LGC shall have no Liability in any circumstances for loss of profit, loss of business or revenue, loss of anticipated savings, depletion of goodwill, any third party claims, or any indirect or consequential loss or damage, which arise out of or in connection with any Agreement, even if advised of the possibility of such losses or damages. 4.6 The Customer’s sole remedy in respect of any Liability of LGC or its Personnel shall be in damagesdamages as set forth and limited in these standard terms and conditions. 4.7 Save insofar as LGC can be shown to have been negligent in providing the Goods and/or Services, the Customer shall: (a) fully indemnify LGC and LGC’s Personnel against any loss, damage or injury (including injury resulting in death) to property or person sustained by (i) LGC and/or its Personnel, (ii) the Customer and/or its Personnel, and (iii) any third party, where such loss, damage or injury is caused by the negligent act or omission or willful misconduct of the Customer or the Customer’s Personnel; and (b) fully indemnify LGC against all damages, costs, expenses of any kind whatsoever (including reasonable attorneys’ fee and other professional fees) and losses suffered or incurred by LGC as a result of, or in connection with any third party claim brought against LGC resulting from death, injury, or any other damage or loss whatsoever occasioned by the use made of the Goods and/or Services including without limitation any report or other information or advice of LGC.