Disclaimer:
Dahlin Group, Inc.
Electronic File Transfer Agreement
The electronic files (or link to electronic files) are for the recipient’s information, convenience, and/or use related to the referenced project. The recipient agrees that opening these electronic files constitutes acceptance of the following terms and conditions.
1. Data contained in these electronic files are part of our instruments of service and shall not be used by the recipient or anyone else receiving this data through or from the recipient for any purpose other than as a convenience for the referenced project. Any other use or reuse by the recipient or by others will be at the recipient’s sole risk and without liability or legal exposure to Dahlin Group. The recipient agrees to make no claim and hereby waives, to the fullest extent permitted by law, any claim or cause of action of any nature against Dahlin Group, our officers, employees, agents or sub-consultants that may arise out o for in connection with the recipient’s use of the electronic files.
2. The recipient shall, to the fullest extent permitted by law, indemnify and hold Dahlin Group harmless against all damages, liabilities, or costs, including reasonable attorney’s fees and defense costs, arising out of or resulting from the recipients’ use of these electronic files.
3. The electronic files provided are not construction documents. Differences may exist between these electronic files and the corresponding hard-copy construction documents. We make no representation regarding the accuracy or completeness of the electronic files the recipient receives. In the event that a conflict arises between the signed hard-copy construction documents prepared by Dahlin Group and the electronic files, the signed hard-copy construction documents shall govern. The recipient is responsible for determining if any conflict exists between the signed hard-copy construction documents and the electronic files provided.
4. Under no circumstances shall delivery of the electronic files for use by the recipient be deemed a sale by Dahlin Group, and we make no warranties, either express or implied, of merchantability and fitness for any particular purpose. In no event shall Dahlin Group be liable for any loss of profit or any consequential damages as a result of the recipient’s use of the electronic files.
5. The recipient understands and recognizes that the electronic files provided may represent “progress work” and therefore may change substantially prior to completion of Dahlin Group’s efforts on the project. Delivery of “progress work” electronic files does not obligate Dahlin Group to deliver electronic or hard-copy documents upon completion of our efforts.
6. The recipient understands and recognizes that the electronic files provided may be revised at some time after delivery. Delivery of the electronic files does not obligate Dahlin Group to deliver revised electronic files or revised hard-copy documents.