Liability & Indemnity Disclaimer

5.1 - We will perform the services with reasonable skill and care and acknowledge that we will be liable to you for any loss, damage, costs and/or interest (“Loss”) caused by our negligence or breach of contract, subject to the following provisions:

5.1.1 - We will not be liable if such losses are due to the provision of false, misleading or incomplete information or documentation or due to the acts or omissions of any other person;

5.1.2 - We will not be responsible for any consequential loss howsoever caused.

5.2 - Where any Loss is suffered by you for which we would otherwise be jointly and severally liable with any third parties, the extent to which such Loss shall be recoverable by you from us, as opposed to the third party, shall be limited so as to be in proportion to our contribution to the overall fault for such damage or Loss, as agreed between the parties, or in the absence of agreement, as finally determined by an English Court.

5.3 - Unless and to the extent that they have been finally and judicially determined to have been caused by our fraud, wilful default, negligence or breach of contract, you will indemnify on demand and hold harmless Smith & Barnes Insolvency Practitioners Ltd against all third party actions, claims, proceedings and losses whatsoever and howsoever arising from, or in any way connected with, the provision of the Services.

5.4 - Nothing in this paragraph 5 is intended to exclude or limit our liability for fraud or for any other acts or losses that cannot lawfully be excluded or limited.