Terms & Conditions, Use of Selway Fisher plans, back-up etc

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 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.

 

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.

B.        Return of Plans

5.         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.

6.         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.

C.        Copying Plans

7.         Plans/drawings and specifications must not be copied. However, the following exceptions may apply:-

7.1       In order to get quotes for items such as suits of sails, deck hardware, metal works etc.

7.2       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

8.         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

9.         The vast majority of our 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. We do not, at present, send drawings electronically as PDF files etc., partly because of the security of our designs and partly because most builders only have facilities to print out A4 sized drawings which often means printing drawings as part sheets which can reduce the integrity of the details.

10.       We can however, 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

11.       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 or via the Selway Fisher Design Users Groups - http://groups.yahoo.com/group/SFD_builders_sailors   and http://groups.yahoo.com/group/SFDesigncanoebuilders.

12.       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

13.       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

14.       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

15.       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. If you need help or advice, please contact Selway Fisher Design Ltd.

16.       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.

17.       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.

18.       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

19.       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

20.       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 or not, 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.

K.         Contact with Other Builders, Client Databases etc.

21.        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. However, contacting other builders of a particular design is very useful in choosing a design etc - the best way to do this is via the Selway Fisher User's Groups at http://groups.yahoo.com/group/SFD_builders_sailors and http://groups.yahoo.com/group/SFDesigncanoebuilders .

L.          New Design Work

22.         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.

23.         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.

24.         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.

 

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