-----Original Message-----
From: Abd ulRahman Lomax [mailto:[log in to unmask]]
Sent: Friday, April 01, 2005 10:54 AM
To: DXP Technical Forum
Subject: Re: [dxp] Question To PCB Designers On Liability
At 06:11 PM 3/31/2005, SIMON wrote:
>Any disclaimer published will only be good in the country it was created.
>:-)
It should also be pointed out that a disclaimer is simply part of an
agreement between the designer and the client, and will not protect against
liability to a third party.
If the disclaimer attempted to do this by providing that the cclient shall
pay any costs incurred due to errors and omissions of the designer (i.e.,
will save the designer and hold the designer harmless I think is the legal
terminology), then it is, indeed, likely to put the client off his feed....
It is, however, quite acceptable to assert as part of any quotation:
The responsibility of the designer is limited to best effort to satisfy the
design specifications provided by the client, the designer makes no
warranty of suitability for purpose of the designer's work product, and
responsibility for final checking of the work rests with the client. The
liability of the designer for errors and omissions of the designer is
limited to the correction of these errors in the design documents, the
designer shall not be responsible for any consequential damages, and, in
any event, the liability of the designer shall be limited to amounts paid
to the designer for the work containing the error or affected by the
omission.
It is highly recommended that the client thoroughly check the work provided
by the designer before using it for fabrication.
However, I'd testify, if called to do so, that these conditions are
standard in the industry, they are assumed even if not explicitly stated.
>Mine has always been liability is limited to the Protel PCB and Protel
>Schematics and excludes any PCB's or other documents supplied and is
limited
>to differences between supplied paper or electronic schematics and the
>resultant Protel schematics and PCB. I also don't guarantee to have any
>copies of files supplied to customers once the project is terminated. I
>delete files after a year or on request. So its important that the
customer
>maintains his copies or he will be charged again to recreate them.
I keep all design files. CDs are cheap. But I also recommend to the
customer that the customer independently keep them, even if they don't have
Protel. I do *not* charge customers for keeping design copies, and I do not
warrant that such copies will actually be available when needed. I just
keep them as a courtesy, and I don't charge for providing copies of them.
If I can find them.
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