2011 Standard Specifications

New Brunswick Department of Transportation (NBDOT) DISCLAIMER

If you proceed, you agree to the following terms and conditions:

1. The files furnished herein are for information purposes only. These files in no way replace, accompany, supplement or alter the Crown Construction Contracts Act and its Regulations, the Crown Construction Contract (© Queen's Printer for New Brunswick), its schedules, specifications or any other material provided with it. The files furnished herein shall not be used in the interpretation of any obligations, rights or responsibilities of any party to a Crown Construction Contract. All matters of interpretation of obligations, rights or responsibilities with regard to a Crown Construction Contract shall be made with reference to the Crown Construction Contracts Act and its Regulations and to the hard copy Crown Construction Contract, its schedules, specifications and other materials provided to the parties to the said contract.
    
2. NBDOT makes no warranty of any kind, expressed or implied, with respect to the file(s) which are the subject of this agreement, and specifically makes no warranty that said file(s) shall be merchantable or fit for any particular purpose. Furthermore, any description of said file(s) shall not be deemed to create an express warranty that such files shall conform to the description. The exhibition of any sample or model shall not be regarded as part of the basis of this agreement and shall not create an express warranty that the whole of the file(s) provided hereunder shall conform to the sample or model.
    
3. Although the NBDOT makes every effort to ensure the accuracy of its work, it cannot guarantee that the transferred files are error free. NBDOT accepts no responsibility for costs or other adverse consequences, whether direct or indirect, that may occur to the recipient or any subsequent users of the information, due to errors that may or may not be detected. If there are any differences in content between these files and the hard copy Crown Construction Contract or the materials provided with it, including its schedules, specifications and other materials provided to the parties to the said contract, the hard copy materials shall prevail.
    
4. The files located through this server are subject to change. The recipient will be responsible for maintaining contact with the NBDOT and determine if any future NBDOT changes affect the work being produced by the recipient.
    
5. The recipient assumes all risk and liability for loss, damage, claims or expense resulting from the possession or use of any file(s) furnished by NBDOT pursuant to this agreement.
    
6. The recipient agrees to indemnify, defend and hold harmless the NBDOT, its officers, agents, and employees from and against any and all claims, liability, loss, damage or expense, arising from or by reason of recipients' possession, or use with respect to any of the file(s) furnished by NBDOT pursuant to this agreement, and such obligation shall survive acceptance of said file(s) therefore by recipient.
    
7. The recipient agrees that it will not advertise, order for sale, or sell the file(s) furnished hereunder.
    
8. The recipient agrees that the NBDOT cannot be held responsible for problems arising when files are converted for use in non-native applications (e.g. Microsoft Word documents read in WordPerfect). The recipient is responsible for determining the incompatible file data and the resolution of any incompatibilities.
    
9. This agreement constitutes the complete and final agreement of the parties hereto.
    
10. Accessing this document confirms that you have read and agreed to the "DISCLAIMER".