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Terms & Conditions, Use of Selway Fisher plans, back-up etc
Updated 07/02/22
| The
Selway Fisher philosophy - there was a time when boating books and
magazines would be full of new wood boat designs and then grp came along
in the 60's and mass production meant that fewer designers and fewer new
designs were needed. When I started as a Naval Architect and yacht
designer in the early 1970's, wood boat building had started to
die and later, linked to the introduction of computer technology, the
art of yacht design on drawing boards with splines, battens, planimeters
and tracing paper - I do use the computer to do all the tedious
hydrostatic calculations and also use it to get accurate hull model data
and dimensions, but I still prefer to do the finished drawings by hand -
it is an art.
In an age of hyper-regulation, leading quite often to standardized design work, it is my aim to keep new small boat design alive and affordable to the boating enthusiast - there is not a great deal of money in it, but there is a large amount of fun and enjoyment, which I hope to pass on to all who purchase my plans and manuals. Below, is a simple list covering basic terms and conditions, the use of our plans, the back-up and help you will receive etc. Please read them with my philosophy in mind and if you have any questions concerning any part of the list, please do not hesitate to contact me. |
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A.
Use of Selway Fisher Design Ltd Plans and Manuals 1.
The designs remain the property of Selway Fisher Design Ltd.,
and may be used only as authorised by Selway Fisher Design Ltd. 2.
The purchaser of a plan is allowed to build one boat from that
set of plans. The purchaser may build more than one boat from a set of
plans upon payment of a Royalty for each further boat built. For canoes
and dinghies the Royalty is usually 50% of the current plan price
although this may be negotiated if several boats of a particular design
are built. For other types of design, please contact Selway Fisher
Design Ltd., for further details. 3.
The selling of plans (via
e-bay etc) by the original purchaser for a design that has been built or
partially built, is in breach of our terms and conditions which allows
for the building of one boat only per set of plans and the cost of the
plans includes the Royalty payment for one boat. 4. Selling plans on to a
3rd party when a boat has not been built or partially built
is prohibited for the following reasons :-. Firstly
our contract of purchase is with the original purchaser to whom we offer
back up, advice etc during the building and use of the boat. We cannot
be expected to offer the same service to 3rd parties with
whom we do not have a contract of sale – we do not know who they are,
how they intend building the design or how they are going to use the
completed boat. Furthermore,
the plans in question may have been improved or added to since the
original purchase (ie. several plans now come with a construction CD and
many have mark 2 or even 3 hull shapes) and whilst we are happy to offer
updates, and advice to the original purchaser, we cannot be expected to
offer this service to a third party. Also,
when we send out a set of plans to a purchaser, it is complete. We have
had calls from builders asking technical questions who have obviously
got hold of an incomplete set of our plans. 5. The passing on or distribution or selling of PDF files is forbidden. B.
Return of Plans 6. All stock plan and
manual sales are final. However, if a purchaser wants to exchange a set
of plans ordered for another set of similar type, we are happy to do so
within 5 days of purchase so long as the original plans ordered are sent
back to us in good condition and the purchaser pays for the replacement
plans’ P&P and print costs. 7. Other than exchanging
plans we do not offer returns or refunds on plan sales. Sadly, in some
cases we have taken plans back so that they can be destroyed, usually
when the original purchaser has passed on. We do not offer any refund on
plans sent to us for disposal and we will never pass on or resell an old
set of plans. All plans sent out are freshly printed. 8. By their nature, returning PDF files is not possible, as we have no way of knowing whether they have been copied etc. C.
Copying Plans 9. Plans/drawings and
specifications must not be copied. However, the following exceptions may
apply:- 9.1 In order to get quotes for items
such as suits of sails, deck hardware, metal works etc. 9.2 To use copies of the drawings or
any part of a drawing for magazine articles, publicity etc please
contact Selway Fisher Design Ltd who will almost certainly give
permission but who may have an updated version of the drawing required. D.
Replacement of Plans 10. Occasionally a set of
plans or the specification or one particular drawing may be damaged or
go missing. Selway Fisher Design Ltd are happy to replace drawings etc
in these circumstances at the cost of P&P and a nominal amount for
reprinting. If a part of a drawing has faded, it is better to contact us
for a replacement rather than try to read/interpolate data from a faded
drawing. E.
Format of Plans 11. The vast majority of our Printed plans are A1 in format with the Specification and Key to the Plans given on A4 sheets. Some plans are given as A0 sized sheets. Plans sent as emailed PDF files are scans of the full drawings and, if they are to be printed out by the recipient are best done at A1 or A0 size - most small towns have Copyshops/Print shops that can do this for you - or sometimes recipients will print them out on a domestic printer and further print out relevant parts at a zoomed scale. 12. We can also send plank shapes
(for stitch and tape construction), overall frame and transom shapes etc
as dxf files by e-mail as an addition to the standard drawing package.
This allows builders to either get these components plotted out
full-size or cnc cut, if they have facilities for this locally. Selway
Fisher Designs Ltd has often done this without any problems but, because
we are not ultimately doing the plotting or cutting ourselves, we cannot
be held responsible for the accuracy of the final components. Selway
Fisher Design Ltd also requires the assurance of the purchaser of a set
of plans who has received dxf files that those files will not be passed
on in any way to another builder and that only one boat will be built
from the components produced from the dxf files. F.
Back-up, Help and Advice 13. Selway Fisher Design Ltd., endeavour to give as much help and advice as possible before making a plan purchase, during construction and when the boat is being used. We are happy to do this by phone, fax, e-mail etc 14. All advice and help given by
Selway Fisher Design Ltd is given in good faith and based upon our 40 or
more years of experience in the boat building/design industry and
general use of small boats but as such, it cannot be guaranteed that
such help and advice will be correct in every circumstance and Selway
Fisher Design Ltd are not to be held responsible for any harm or failure
caused by such advice. G.
Publicity 15. Selway Fisher Design Ltd often
gets articles written about it’s design work etc for publications in
books and magazines or on television. If advice, drawings etc are
required for such articles/programs, Selway Fisher Design Ltd are happy
to help and provide whatever is necessary 16. Selway Fisher Design Ltd and the
designer Paul Fisher are to be mentioned at all times in such
articles/programs. H.
Compliance with the RCD and other Rules 17. In the main, home boat builders
do not have to concern themselves with too many rules and regulations.
Canoes and craft under 2.4m (8’) are exempt from the RCD (Europe’s
rules for the building of small craft) and most other regional regulations. Craft
based upon historical designs (steam launches, canoe yawls etc) are also
exempt from the RCD so long as they are built using traditional materials (plywood is
considered as a traditional material). Also exempt from the RCD is any
craft built for personal use (ie. home built boats) so long as they are
not sold within 5 years of construction onto the market. However, rules
for the construction and fitting out (gas, electrics etc) and the use of
small craft,
vary from region to region, from having no rules at all, to having
specific regulations - it is the responsibility of the builder to ensure that he/she
complies with whatever rules exist for the country/region they live in
or intend to use the boat in. 18. For larger craft, it is worth
contacting a local surveyor, familiar with whatever rules apply locally,
so that any particular local requirements are catered for in the early
stages of construction - we are happy to send drawings and details to
aid this process. 19. Several of our designs have been
used for commercial use (taking paying passengers etc) or have been
required to comply with MCA rules etc – again, it is a good idea to engage
a local surveyor who specializes in these requirements to scrutinize the
drawings and details of the design, before construction commences. 20. All our design work is carried out to normal Naval Architectural standards and follow rules for scantlings (construction sizes) etc but the Builder must make sure that the boat complies with any local and National standards/RCD etc (if applicable). I.
Exceptions & Omissions 21. Selway Fisher Design Ltd., make
every effort to ensure that our designs are accurate and free from
errors. However, with such complex drawings, errors may occur. If the
builder has any doubt about a particular dimension or detail given in a
set of plans, we would ask that the builder makes sure that we are
contacted so that we become aware of a possible error and so that,
before going ahead with a particular part of the construction, we can
clarify any correction that needs to be made. J. Use of a Boat Built to a Selway Fisher Design Ltd Plan 22. Since the use of a particular boat design is in itself an activity that requires some degree of skill and judgment on the part of the user that we cannot know exists, and since Selway Fisher Design Ltd is not building the boat nor directly involved in overseeing the construction and use of the boat and has no guarantee as to the accuracy of the builder in following the design, Selway Fisher Design Ltd cannot be held responsible for any accidents or injuries to persons or property resulting from the use of one of our designs. Furthermore, advice given over how a design may perform is given in good faith and can only be taken as an indication/opinion of performance and because we do not know the skill level or boating experience that a user of one of our designs has, we cannot be held responsible if a particular design does not meet a builder/user’s requirements. K. Contact with Other Builders, Client Databases etc. 23. Selway Fisher Design Ltd does not keep databases of either client/builder details or of boats built and therefore cannot put a builder in contact with other builders. L. New Design Work 24. Most of the designs in the Selway Fisher catalogue/web page are designs commissioned by clients who wanted a design to meet their own specific requirements. It is our philosophy to keep new designs, suitable for amateur and professional builder alike, at affordable prices, available to all enthusiasts. Our usual way of approaching this, is to design a new boat at a fee much less than a standard new design fee and then by freely offering that design on the web to all other builders, recoup our full design costs over an extended period of time. If you have a design requirement not met by one of our 'off the shelf' designs, we are happy for you to contact us so that we can first discuss your requirements and let you know whether we are happy to design the boat for you and secondly, to give you a fixed quote for the design work. 25. Most new designs start with us producing a Proposal Drawing showing side, plan and sectional views of the new design followed by the full detailed drawings which are often completed and paid for, in stages. 26.
Selway Fisher Design Ltd is also happy to undertake exclusive design
work where the final design is not offered to the general public - the
design fee charged would, of course, reflect this. NOTE, all new design work is carried out
under these Terms & Conditions. M. Selway Fisher Design and the general data Protection Regulations (from May 25th 2018) Selway
Fisher Design holds the following data on its clients: - 27.
PAPER (hard copy) DATA No hard copies of client's data are kept. A.
A simple electronic database is kept (Access) allowing us
to allocate to each client, a reference number for easy future reference
to that client’s order. This database includes the following data
only:
NOTE
– this electronic database is for internal use only and is not shared
with anybody outside Selway Fisher Design. B.
A monthly list of orders is kept on a spreadsheet (Excel)
which is updated when new orders arrive. This spreadsheet includes the
following data only:
NOTE
– this electronic spreadsheet is for internal use only and is not
shared with anybody outside Selway Fisher Design. 29.
Finally
please
note, it is the policy of Selway Fisher Design not to pass onto any 3rd
party or person outside of Selway Fisher Design, any personal details
that we hold or to use those details for marketing in any way.
Furthermore, we do not use photographs, names etc received from clients
who send us pictures etc of their boat building project, on our web,
Facebook or Twitter pages, without their permission.
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