breach of the obligations set out in clause 8; 9.3.5. any failure to comply with any applicable legislation or any guidelines issued by the Health and Safety Executive or other appropriate regulatory authority current at the time of use of the Goods by the Buyer or any of its employees, agents or sub-contractors. 9.4. Any parameters given in respect of the performance of the Goods are based on the design parameters set out in the Specification and Accepta will not be liable for any failure of the Goods to achieve these parameters unless the operating conditions for the Goods are the same as set out in the Specification and where applicable all chemical regenerants must be commercially pure. 9.5. It is understood that Accepta is not an insurer and insurance (if any) shall be obtained by the Buyer, and that amounts payable to Accepta under the Contract are based upon the value the Goods to be provided hereunder and the scope of Accepta's liability as set forth herein. Accepta makes no guarantee or warranty that any services rendered in respect of the Goods including any tests of the Goods in respect of their chemical stability or characteristics or shelf life where the Goods are manufactured in accordance with the Specification submitted by the Buyer will avert or prevent occurrences or the consequences thereof which any services are designed to detect. 9.6. Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as