Point Cloud to CAD/BIM Conversion Services
ENGINYRING Europe SRL | rev. 1.0
Updated 04.02.2026 (d.m.y)
BINDING AGREEMENT: This CAD/BIM Services Agreement ("Agreement") constitutes a legally binding contract between you ("Client", "you", "your") and ENGINYRING Europe SRL, Romanian company registration number J16/306/2023, VAT RO47589108 ("ENGINYRING", "Provider", "we", "us", "our"). By engaging our CAD/BIM conversion services, you expressly acknowledge and agree that:
CRITICAL NOTICE - LIMITED LIABILITY: Your attention is specifically drawn to Sections 9 (Warranty), 10 (Limitation of Liability), and 14 (Governing Law), which significantly limit our liability. By proceeding, you explicitly acknowledge and accept these limitations as a fundamental basis of our commercial relationship.
1.1 This Agreement governs all CAD/BIM conversion services provided by ENGINYRING, including point cloud processing, 3D modeling, and BIM development.
1.2 Each project's specific details, deliverables, timelines, technical requirements, and fees shall be documented in the Invoice issued for that project, which forms an integral part of this Agreement.
1.3 In case of conflict between this Agreement and the Invoice specifications, the Invoice shall take precedence for project-specific matters, while this Agreement governs all other aspects.
2.1 CAD/BIM conversion services include:
2.2 All technical requirements, deliverable formats, accuracy tolerances, Level of Detail (LOD), coordinate systems, and specifications shall be clearly defined in the Invoice for the project.
2.3 Unless explicitly stated in the Invoice, the following are excluded:
3.1 Client must provide complete, accurate, and usable point cloud data that meets minimum requirements:
3.2 Client warrants that all point cloud data and supporting documentation is:
3.3 Client agrees to:
3.4 Failure to fulfill obligations under Section 3 shall:
4.1 Final deliverables shall be provided in file formats specified in the Invoice, in native format plus one commonly accepted exchange format (IFC, DWG, or RVT).
4.2 Client has 5 business days from delivery to review and provide written feedback. The project fee includes ONE round of revisions addressing:
4.3 Revisions required due to the following are NOT included and shall be billed additionally:
4.4 If Client fails to provide written feedback within 5 business days, or if Client uses, distributes, or relies upon deliverables in any way, deliverables shall be deemed unconditionally accepted.
5.1 Any requested changes to project scope, specifications, deliverables, or timelines must be submitted through formal written Change Order Request.
5.2 Provider shall evaluate each request and provide:
within 5 business days.
5.3 Change Orders become effective only when:
5.4 Provider has no obligation to accept Change Orders and may decline requests that would:
6.1 Provider shall use commercially reasonable efforts to deliver within estimated timeline, subject to:
6.2 Delivery timelines shall be automatically extended day-for-day for delays caused by:
6.3 No specific completion date is guaranteed unless explicitly stated as "Fixed Completion Date" in the Invoice with corresponding premium pricing.
7.1 Provider retains all rights to:
7.2 Upon full payment, Client receives perpetual, non-exclusive, non-transferable license to use specific deliverables (CAD/BIM models) for originally intended project purpose. Provider retains ownership of underlying work, methodologies, and intermediate files.
7.3 Marketing Rights: Unless a Non-Disclosure Agreement (NDA) is signed specifically restricting such use, the Parties acknowledge:
This marketing right is automatic and perpetual unless Client executes separate NDA with Provider.
7.4 Client's license does NOT include right to:
8.1 Project fees and payment schedules shall be detailed in the Invoice, typically structured as:
8.2 All payments for CAD/BIM projects are non-refundable regardless of project status, except as provided for termination due to material breach by Provider.
8.3 Provider retains right to withhold all work product, models, files, and documentation until full payment. No intellectual property rights transfer until full payment confirmed.
8.4 Payment is due within 5-7 business days of invoice date unless otherwise specified in the Invoice.
8.5 Late payments shall incur interest at 2% per month (24% per annum) or the maximum rate permitted by Romanian law, whichever is less.
8.6 Services exceeding the scope specified in the Invoice shall incur additional fees at Provider's standard hourly rate as specified in the Invoice, including but not limited to:
9.1 Provider warrants that:
9.2 Warranty period is 30 days from Client acceptance. Provider's warranty is strictly limited to accuracy relative to point cloud data provided. Provider makes NO warranty regarding point cloud data accuracy itself or correspondence to physical reality.
9.3 Provider makes NO warranty that deliverables are:
Provider retains sole discretion over technical methodologies and processes.
9.4 Client's EXCLUSIVE remedy for breach of warranty is Provider re-performing non-conforming services at no charge, available only if:
10.1 Provider's total liability for all claims arising from or related to this Agreement or any Invoice shall be limited to the total fees paid by Client for the specific project giving rise to the claim.
10.2 Provider shall not be liable for:
regardless of the legal theory and whether or not Provider has been advised of the possibility of such damages.
10.3 Provider shall not be liable for any inaccuracies in deliverables resulting from:
10.4 Any claim must be brought within 12 months of the date when Client knew or should have known of the claim, after which such claim is forever barred.
10.5 Nothing in this Agreement excludes or limits Provider's liability for death or personal injury caused by Provider's negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Romanian law.
11.1 Each party agrees to maintain confidentiality of the other party's Confidential Information for a period of 3 years from disclosure.
11.2 "Confidential Information" means non-public information clearly marked as confidential or that would reasonably be considered confidential.
11.3 Confidential Information does not include information that:
11.4 Provider may use project information for marketing purposes as specified in Section 7.3 unless restricted by executed NDA.
12.1 Client may terminate project for convenience upon written notice. Upon such termination:
12.2 Provider may terminate immediately if:
12.3 Upon termination, Provider shall:
13.1 Neither party shall be liable for failure to perform due to causes beyond reasonable control, including but not limited to:
13.2 The affected party shall promptly notify the other party and use reasonable efforts to minimize impact.
13.3 If Force Majeure continues for more than 30 days, either party may terminate without penalty.
14.1 This Agreement shall be governed by and construed in accordance with the laws of Romania.
14.2 Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the competent courts in Romania.
14.3 Before initiating formal proceedings, parties agree to first attempt resolution through good faith negotiation for 30 days.
14.4 The prevailing party in any dispute shall be entitled to recover reasonable attorneys' fees and costs.
15.1 Entire Agreement: This Agreement and any Invoice issued constitute the entire agreement between parties and supersede all prior negotiations, representations, or agreements.
15.2 Amendments: Any amendment must be in writing and signed by both parties.
15.3 Severability: If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15.4 Waiver: Failure to enforce any provision shall not constitute waiver of that or any other provision.
15.5 Assignment: Client may not assign this Agreement without Provider's prior written consent. Provider may assign to affiliates or successors.
15.6 Notices: All notices must be in writing via email or registered mail to addresses specified in the Invoice.
15.7 Independent Contractors: Parties are independent contractors. Nothing herein creates partnership, joint venture, or employment relationship.
15.8 Survival: Sections 7 (Intellectual Property), 8 (Payment), 9 (Warranty), 10 (Limitation of Liability), 11 (Confidentiality), and 14 (Governing Law) shall survive termination.