ELECTRONIC TRANSFER AGREEMENT
In relation to project work undertaken by Squillace, please note that the use of electronically transferred drawings, models or design files issued from our office is conditional on your agreement to the following:
- will endeavour to ensure there are no inaccuracies or defects in the physical media, data or software, but neither we nor our client make any representations or warranties that the physical media, information or software are without virus or other contamination, merchantable, or fit for a particular purpose.
- and our client accept no liability greater than we would have incurred by transferring the information to you on paper documents. By paper documents, we mean any physical media containing information able to be read without software.
- will supply you with a paper copy of any information supplied electronically if you request it, but we may charge you at our usual rates for the paper copy. We will give you an estimate of the cost to you on request, and provide you with a tax invoice.
- unless you request a paper copy, and notify us within 7 days of receipt of both electronic and paper copy that there is a discrepancy between the two, we are entitled to assume the information provided on each is identical.
- make no representations or warranties, express or implied, regarding the accuracy or completeness of this data.
- to the maximum extent permitted by law, disclaim all warranties whether express or implied, including without limitation, all warranties of merchantability, title and fitness for purpose of this file(s), and you assume full responsibility for loss resulting from any errors, variants, defects, virus infections or omissions in the supplied data and or information, and the use of or inability to use the data.
- declare that where this file(s) is a BIM/CAD file, it is not a complete representation of the project but should be considered to show the design in general arrangement only and should not be relied on for construction purposes. Not all areas have been fully modelled. This File(s) should be read in conjunction with relevant details, specification, codes and regulations.
- declare that where this file is a BIM/CAD file and the project is in design stage, it plus any associated views or support files are made available for information purposes only and shall be considered Work In Progress. It is shared as an uncontrolled document and as such is subject to change and is to be treated as not yet checked or verified for use outside of the design team. The user is not to rely upon the data and/or information contained therein.
- declare that where this file is a BIM/CAD file and the project is in construction stage, it plus any associated views or support files are made available for information purposes only and is shared as an uncontrolled document. The user is not to rely upon the data and/or information contained therein.
- declare that where this file is a drawing issued for as-built, it comprises the issued for construction architectural design documentation updated to reflect variations and clarifications notified in writing by the contractor to us. It does not reflect any changes which may have occurred in construction that were not so notified and may accordingly be inaccurate or incomplete.
- declare that where this file is a BIM/CAD file issued for information at as-built stage, it comprises the architectural design model updated to reflect variations and clarifications notified in writing by the contractor to Squillace. It does not reflect any changes which may have occurred in construction that were not so notified and may accordingly be inaccurate or incomplete.
- declare that where this file is a BIM/CAD file that has been exported from our Revit model(s), or other source applications, and shared as DGN, DWG, IFC, NWC or other file formats, we do not warrant the accuracy or completeness of the data. In addition you are not to expect linework weights, styles, colours, symbols and geo-locations to align with the original BIM data.
- release and indemnify and will keep indemnified us against all claims, liabilities, loss, costs and expenses arising directly or indirectly out of or in connection with such use including without limitation any misrepresentation, error or defect in the document.
- agree this file(s) is uncontrolled.
- agree drawings are issued from Squillace in PDF format and that:
- the PDF document contains the issued data,
- any accompanying BIM, CAD, image or supplementary support file(s) is issued for your information only,
- where discrepancies arise, the PDF document will take priority.
- agree the information contained herein may be based on data or drawings supplied to us by other parties and whilst every effort has been made to ensure the validity of data, we do not warrant the accuracy or completeness of the data contained therein.
- agree you will carry out all relevant investigations and examine, take advice as required and satisfy yourself concerning the contents, correctness and sufficiency of this document and its contents for your purposes.
- may use the information for your own purposes but only in relation to this project and may not reuse or manipulate it on other projects, nor share it outside your organization without our express written permission.
- will not change the information without clearly distinguishing the changes from our original information whenever the information is displayed, reproduced, or transferred to anyone else by you. However, if we have included words stating a legal disclaimer, our name, or a copyright warning, these must be included in any reproduction or any transfer of the original information to any other person, including our client.
- will make a written agreement with any person other than us and our client to whom you transfer the information, before you transfer the information, which requires:
- that person’s agreement to use the information supplied by us only in relation to this project,
- that person to clearly distinguish any change to the information we have supplied whenever that information is displayed, reproduced or transferred to anyone else, including us, by that person,
- that person’s agreement that we and our client have made no warranties or representations about the media, information or software, and are liable only for the original unchanged information transferred to you and only for the extent of liability we would have incurred by providing that original unchanged information on paper.
- that person to enter into a written agreement on similar terms before transferring information we have transferred to you, to anyone other than you.
- agree that we have the right to supply you with revisions to the original information and that you will make reasonable efforts to ensure your own work takes into account the revisions. If you have transferred the information to other persons who are relying on the currency of the information we have transferred to you, you agree that you will transfer the revision promptly to those other persons.
- indemnify us, our client, and the employees and agents of each against any liability and cost, including legal costs, arising from your failure to meet your obligations under this agreement.
If you do not accept these conditions please contact us immediately.