Capital City Group, Inc. terms and conditions are that any copy, transfer, use of or reliance upon any lift plan, drawing, diagram, or calculation (hereinafter collectively referred to as the “Diagram”) by any recipient (the “Recipient”) for any purpose constitutes Recipient’s agreement to the terms, conditions, and limitations contained herein. Recipient acknowledges, understands, and agrees that:
(1) The Diagram is intended to show methods and suggested details only and is for the convenience of Recipient to use solely as an aid in planning lifts using a crane.
(2) The provider has prepared the Diagram based upon information provided to it by Recipient (or its agent) and the information has not been verified by Provider for correctness, dimensions or for engineering content.
(3) The recipient shall be solely responsible for verification with respect to all such matters and Provider disclaims any responsibility or liability for any errors contained therein.
(4) The information contained in the Diagram shall not supersede or override a particular crane’s operator’s manual, any safety manuals, or industry standards and regulations.
(5) Data for one crane cannot be interchanged with any other brand of crane and Recipient shall always refer to the crane rating manual that corresponds to the crane being used for its lift.
(6) The recipient shall confirm that the soil properties are adequate for the crane and its ground bearing pressure.
(7) Recipient shall be solely responsible for planning and execution of a safe lift plan and the Diagram shall not be substituted for the sound judgment and technical expertise of Recipient’s lift director.
(8) Any diagram or drawing required by any authority for approval for a specific site relating to the equipment location, erection and/or installation is to be prepared and supplied by Recipient at its own expense.
(9) The Diagram is being provided to Recipient ‘AS IS’ without any warranties whatsoever and PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, PURPOSE, DESIGN, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, OR USE, FAILURE OF CRANE WHETHER BY TIPPING OVER, BREAKING OR FALLING, RIGGING FAILURE, OR OTHER FAILURE, OR INJURY TO PERSON OR PROPERTY INCURRED BY RECIPIENT OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.