TERMS AND CONDITIONS
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These Terms and Conditions are part of the approved Service Agreement so we can offer you our best product.
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CONSEQUENTIAL DAMAGES
The Client and Design Professional waive all claims for consequential damages against each other.
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DELAYS
The Design Professional shall not be held responsible for any delays in Permit Management or construction, including those resulting from force majeure events. Additionally, the scheduling of Services is subject to variables beyond our control and therefore cannot be guaranteed.
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DISPUTE RESOLUTION
All disputes must go through mediation before any litigation.
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ENVIRONMENTAL
The Design Professional is not responsible for identifying or removing hazardous substances at the job site. The Client is responsible for providing environmental study.
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NATIONAL LICENSING
If BIGG designs, LLC or the Design Professional is not licensed in your project's jurisdiction, we will collaborate with licensed architects, engineers, or consultants as needed. The client will be informed if such partnerships are arranged.
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LIMITATION OF LIABILITY
The Client agrees that the Design Professional's overall liability will be capped at either the total fee paid to the Design Professional or $250,000.00, whichever amount is lower, for services provided on this Project. This limitation applies to all claims, whether they arise from a contract or a tort.
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OWNERSHIP OF INSTRUMENTS OF SERVICE
The Design Professional retains all intellectual property rights, including copyrights, in the instruments of service—which consist of all services performed and drawings produced during each phase of the project. The Client may use these plans only for this specific project, and only with their General Contractor and Trades. Transfer to another Client or contractor requires the Architect's written consent, and a service fee may be required if such a transfer is requested.
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RIGHT OF ACCESS
The Design Professional may visit the job site at any time while work is being prepared or carried out. The Client and General Contractor are responsible for ensuring that the site is safe and accessible; if the Design Professional determines that site access is unsafe or inaccessible, access may be refused.
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REJECTION OF NONCONFORMING WORK
The Design Professional is permitted, but not required, to reject work that does not meet standards. If such work is found, the Design Professional must promptly inform the Client. The Client may choose to accept non-conforming work and, by doing so, releases the Design Professional from any responsibility or liability regarding that work.
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STOP WORK
The Design Professional is not authorized to issue stop work orders.
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TERMINATION
Either party can terminate the contract for convenience with 30 days’ written notice, or for cause with 7 days’ notice. The Client may suspend the Project with 30 days’ notice. Upon suspension or cancellation, the Client must pay all expenses incurred up to the notice date, and the Design Professional will provide all completed work to date once invoices are paid in full.
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INSURANCE
Professional Liability, General Liability, and Workers’ Comp insurance are maintained. Certificates of Insurance are available upon request.
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EXPIRATION OF AGREEMENT
Approved Service Agreement & Fee Estimates are valid for one year from the agreement date. Projects lasting more than one year may be required to have fee adjustments or a new agreement. If not approved within 90 days of the noted date, the agreement is void and a revised agreement with updated fees may be issued.
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Design Professional
The term "Design Professional" refers to BIGG designs, LLC, including any employees hired directly or subcontractors retained by the company.

