Crist Engineers, Inc., its officers, directors, employees, agents, shareholders, partners, consultants, sub-consultants, contractor, and sub-contractors (collectively “Crist”) will deliver electronic files of the Project(s) used for preparation of Bid to your company its officers, directors, employees, agents, shareholders, partners, consultants, sub-consultants, contractor, and sub-contractors (collectively “Bidder”) for use in the preparation of bid submission of said Project(s).
The Bidder acknowledges that use or reuse (via hardware, software, printer, device or otherwise) of any electronic file used for or association with the preparation of Bid, not under the direct control of Crist, shall be at the sole risk of the Bidder. It is the sole responsibility of the Bidder to understand, verify and properly use: all coordinates, elevations, scales, measurements, symbols, legends, information, guidance, photos, or any other information contained within the electronic files. The Bidder agree to make no claim and hereby waive, to the fullest extent permitted by law, any claim or cause of action of any nature against Crist which may arise out of or in connection with the Bidders’ use of the electronic files. Crist makes no representation as to the compatibility of the electronic files of the Project(s) used for preparation of Bid with those instruments used by the Bidder. Items of beneficial use to the Bidder, whether or not included in the bidding documents, shall be paid for by the Bidder.
The Bidder may obtain paper copies of the electronic files of the Project(s) used for preparation of Bid in lieu of or in addition to the electronic files from Crist at the cost of reproduction plus Crist’s cost(s).
The electronic files and/ or paper copies of the Project(s) used for preparation of Bid will not be considered contract document(s). Differences may exist between these electronic files and/ or paper copies of the Project(s) and corresponding contract document(s) due to addenda, change orders or other revisions. Crist makes no presentation regarding the accuracy or completeness of electronic files and/ or paper copies of the Project(s) used for preparation of Bid received by the Bidder.
The Bidder acknowledges that if conflict arises between the contract document(s) and electronic files and/ or paper copies of the Project(s) used for preparation of Bid, the contract document(s) shall govern. The Bidders’ use of these electronic files and/ or paper copies of the Project(s), does not relieved the Bidder of the duty to fully comply with the contract document(s), including and without limitations, the need to check, confirm and coordinate all dimensions and details, take field measurements, verify field conditions and coordinate work with that of other contractors for the Project(s).
Under no circumstances shall delivery of the electronic files and/ or paper copies of the Project(s) used for preparation of Bid be deemed a sale by Crist. All Documents are instruments of service in respect to this Project(s), and Crist shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the Crist).
The Bidder further agrees to the fullest extent permitted by law, to indemnify, defend and hold harmless Crist, its employees and subconsultants from any liability, damages, or costs (including reasonable attorneys’ fees and costs of defense) resulting from the Bidder acts, errors, or omissions by the Bidder or those contractors, subcontractors, consultants, or anyone for whom Bidder is legally liable, and arising from receiving and storing electronic files, or acts otherwise in association with or through preparation of Bid(s). Crist is not obligated to indemnify the Bidder in any manner whatsoever for the Bidders’ own negligence.
If any liability, damages, or costs (including reasonable attorneys’ fees and costs of defense) result from the concurrent negligence of Crist and the Bidder. Crist agrees, to the fullest extent permitted by law, to indemnify and hold harmless, but not defend, the Bidder and its employees from any liability, damages, or costs (including reasonable attorneys’ fees and costs of defense) resulting from Crist’s acts, errors, or omissions through electronic file transferring, storage or otherwise in association with or through preparation of bid submission of said Project(s).
Crist does not provide a warranty or guarantee, express or implied, for any portion of the electronic files including drawings, specifications, reports, programs, manuals, cost estimates, or other documents used as instruments of service.
The provisions of these paragraphs shall apply notwithstanding any other statement or language contained in the Bidding document(s) or the contract document(s) for the Project(s)
