STANDARD OF CARE
Services provided will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the engineering and science professions currently practicing under similar conditions in the same locality, subject to the time limits and physical constraints applicable to the Services. No warranty, express or implied is made.
LIMITATION OF LIABILITY
Client agrees to limit our liability, to matters which arise directly from our acts, errors or omissions and such that the total aggregate liability, whether arising in contract, tort, or otherwise, shall not exceed the value of the design fee without any reliance on liability insurance. Any liability shall expire one year after substantial completion of the Services. Neither party shall be responsible for lost revenues, lost profits, cost of capital, claims of customers, or other special, indirect, consequential or punitive damage.
The Client agrees, to the fullest extent permitted by law, to indemnify and hold us harmless against all damages, liabilities or costs including reasonable attorney’s fees and defence costs, arising out of or in any way connected with this Project or the performance by any of the parties above named of the services under this agreement, excepting only those damages, liabilities, or costs attributable to the negligent acts or negligent failure to act by us.
OWNERSHIP AND USE OF INSTRUMENTS OF SERVICE:
Unless specifically agreed otherwise, all reports, plans, data, notes, drawings, and other documents prepared by us are considered professional work and shall remain the copyright property of Speenzar Engineering Corporation. At the request and expense of Client, we shall provide the Client with copies of such documents. Client acknowledges that electronic media are susceptible to unauthorized modification, deterioration, and incompatibility and therefore Client cannot rely upon the electronic media version. We will not guarantee the accuracy of electronic media.