2. THE SERVICES

2.1 Xx集团 shall provide the Services to the Client in accordance with the terms of this Agreement which is expressly incorporated into any Proposal.

2.2 In the event of any inconsistency between the terms of this Agreement and the Proposal, the terms of the Proposal shall take precedence.

2.3 The Services provided by Xx集团 under this Agreement and any memoranda, laboratory data, calculations, measurements, estimates, notes and other material prepared by Xx集团 in the course of providing the Services to the Client, together with status summaries or any other communication in any form describing the results of any work or services performed (Reports) shall be only for the Client’s use and benefit. The Client acknowledges that any Services provided and/or Reports produced by Xx集团 are done so pursuant to the Client’s specific instructions. The Client acknowledges and understands that reliance on any Report issued by Xx集团 is limited to the facts and representations set out therein.

2.4 In agreeing to provide the Services pursuant to this Agreement, Xx集团 does not abridge, abrogate or undertake to discharge any duty or obligation of the Client to any other person.

3. XX集团’S WARRANTIES

3.1 Xx集团 warrants exclusively to the Client that the Services shall be performed in a manner consistent with that level of care and skill ordinarily exercised by other companies providing like services under similar circumstances.

3.2 In the event of a breach of the warranty set out in Clause 3.1, Xx集团 shall, at its own expense, perform services of the type originally performed as may be reasonably required to correct any defect in Xx集团’s performance.

3.3 Xx集团 makes no other warranties, express or implied. All other warranties, conditions and other terms implied by statute or common law (including but not limited to any implied warranties of merchantability and fitness for purpose) are, to the fullest extent permitted by law, excluded from this Agreement. No performance, deliverable, oral or other information or advice provided by Xx集团 (including its agents, sub-contractors, employees or other representatives) will create a warranty or otherwise increase the scope of any warranty provided.