BIM Property Rights and Limitations of Liability
BIM Property Rights and Limitations of Liability
File
Transmittal – Property Rights and Limitations of Liability
Project Name:
Project Address:
Swinerton Builders Project Number:
June 30, 2014
AGREEMENT:
Swinerton Builders is providing REPLACE computer
files containing electronic data and building information models (BIM) to be
utilized in the production of REPLACE’s own drawings and other submittals for the
referenced project.
We are transmitting to you the attached
information. This transmittal is subject
to the following conditions to which you agree by accepting these terms on a
reply to this message or using the information in any manner, including but not
limited to by copying or using the information for reference.
1. REPLACE
accepts this BIM file from Swinerton Builders without any warranties,
guarantees, or other representation of any nature concerning the accuracy or
completeness of any information described or contained therein with respect to
any dimensions, measurements, fit, field construction conditions, or
criteria. The use of these BIM files for
any purpose is at the sole risk of REPLACE and/or any third party to which REPLACE may release
information. REPLACE further agrees to release, indemnify
and hold harmless Swinerton Builders with respect to any claims, cost, and/or
liability arising between Swinerton Builders and REPLACE and/or any third party to whom REPLACE may release
information, arising out of or relating to the accuracy and/or completeness of
this BIM information.
2. Should REPLACE use the BIM
file to assist in the preparation and/or production of shop drawing and/or
other submittals, REPLACE
and/or any third party to whom REPLACE may release information shall have the sole responsibility
to prepare, coordinate, check and detail these shop drawings and/or other
submittals. REPLACE is responsible for coordination
of this information with the construction set of documents and field
conditions, all as required by the Contract Documents.
3. The materials
contained in the BIM file are the instruments of service of Swinerton Builders
for the use solely with respect to this Project. Swinerton Builders shall be deemed the author
of these documents and shall retain all contractual, common law, statutory, and
other reserved rights including copyright thereto.
4. These files have
been generated by Revit
Architecture 2013. We are not
responsible for any errors caused by the transmission, your software or your
computer systems.
5. If you discover
any errors or omissions in the information, you will promptly notify us so that
we can make any necessary corrections.
6. REPLACE
acknowledges that the information contained in the BIM file is specific and
confidential and is intended solely for the exclusive use on the referenced
Project. These CAD files shall not be
copies, altered, or used for any other project without specific written
authorization from Swinerton Builders.
____________________________________________________________ ____________________
Authorized Signature Date
______________________________________________________
Print Name / Title