CADDManager on May 21st, 2005

To ensure that you protect your firm when delivering or exchanging files between you and your client or subs it is good to think through the issues that may come up as you transfer, exchange or deliver for use the files you create. (but first, my disclaimer for this article… In no way is this list intended to cover you legally. Consult your attorney.)

Disclaimers

You can find a few example disclaimer by searching Google for links. Use the links you find as examples if you have nothing to start from.

Include or address the following items in your diclaimer.

1. That you make no warranty of any kind, express or implied, with respect to the file(s)

2. That the receiver agrees to indemnify, defend and hold harmless your firm, its officers, and employees from and against any and all claims,suits, losses, damages or costs incured from using the files.

3. That if the files that are modified after received, the receiver agrees to indemnify, defend and hold harmless your firm from and against any and all claims, suits, losses, damages or costs, bla bla bla, from the use of outdated design files.

4. That the receiver assumes all risk and liability for any losses, damages, claims or expenses resulting from the use or possession of any file(s) you send them.

5. That the official Contract Documents of record are those paper, mylar, or vellum documents produced by your firm which bear the company seal and signatures.

Did I miss anything that you folks use for disclaimers? Send me – or post a copy of your disclaimer.

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One Response to “CAD File Electronic Disclaimer”

  1. I was looking at an example Electronic File disclaimer and there was one line that I didn’t understand.
    “Notwithstanding (design firm’s name) agreement to provide electronic information pursuant to this Agreement, nothing shall be construed to create contractual privity or benefit between the recipient and(the design professional’s name) except as is necessary for (the design professional’s name) to enforce these express, limited tems and conditions.”

    Can you tell me what it means.

    Thanks

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