Common use of Electronic Transmittals Clause in Contracts

Electronic Transmittals. CLIENT and ENGINEER may transmit, and shall accept, project- related correspondence, documents, data, drawings, specifications in electronic media or digital format either directly or through access to a secure file transfer protocol. The method of electronic transmittal will be by a mutually agreeable protocol. CLIENT and ENGINEER make no representations as to the long- term compatibility, usability, or readability of the item resulting from the recipient’s use of software applications, operating systems or computer hardware differing from those used by the transmitter. CLIENT acknowledges that electronic data is changeable. CLIENT acknowledges that any revisions made to electronic data and any consequences of its direct or indirect use by the CLIENT or its agents are beyond the control of the ENGINEER. The ENGINEER cannot be held responsible for software errors, for deterioration of data due to aging, damage to the computer disk, or for failure of the data to respond as intended if used with software and/or operating systems other than those on which it was developed. The original document maintained by the ENGINEER shall be the controlling document.