Terms & Conditions

TERMS & CONDITIONS

Last Updated: October 5, 2026

These Terms and Conditions (“Terms”) govern your use of the Brogan Group website and your purchase or use of products, equipment, software, subscriptions, project setup, data preparation, file conversion, training, consulting, technical assistance, and other services offered by Brogan Group (“Brogan Group,” “we,” “us,” or “our”).

By accessing this website, placing an order, purchasing or using a product or service, submitting project information or files, booking training or consulting, or otherwise engaging Brogan Group, you agree to these Terms.

1. PRODUCTS AND SERVICES

Brogan Group supplies professional equipment, technology, software, subscriptions, training, consulting, project setup, data preparation, technical assistance, and related services for construction, surveying, positioning, mapping, scanning, inspection, testing, machine guidance, and other professional applications.

Many products and services offered by Brogan Group are manufactured, licensed, supported, or operated by third parties.

Product specifications, compatibility, functionality, availability, subscription terms, coverage, manufacturer requirements, and third-party services may change without notice.

Brogan Group reserves the right to modify or discontinue products, services, pricing, packages, or promotions at any time.

1. PRICING AND PAYMENT

Unless otherwise stated, prices displayed on our website are in U.S. dollars (USD).

Applicable taxes, shipping charges, customs duties, brokerage fees, import charges, tariffs, and other government or carrier-imposed charges may be additional unless specifically stated as included.

Full payment is generally required before products are shipped, software or subscriptions are activated, or services are provided unless separate written payment terms have been approved by Brogan Group.

Financing, where available, may be provided by independent third-party financing companies and is subject to their approval, policies, and terms.

1. ORDER ACCEPTANCE AND CANCELLATION

Submission of an order does not necessarily constitute final acceptance by Brogan Group.

Brogan Group reserves the right to decline or cancel an order due to product availability, pricing or website errors, suspected fraud, payment issues, geographic restrictions, manufacturer restrictions, or other reasonable circumstances.

Orders may generally be cancelled within two (2) hours of payment, provided the order has not already been processed, shipped, registered, activated, specially ordered, or otherwise committed to fulfillment.

After the two-hour cancellation period, cancellation is not guaranteed and is subject to the Brogan Group Refund & Return Policy.

If Brogan Group cancels an order after payment has been received, the applicable amount paid for the cancelled portion will be refunded.

1. PRODUCT INFORMATION

Brogan Group makes reasonable efforts to provide accurate product descriptions, images, specifications, pricing, compatibility information, and other product information.

However, manufacturers and service providers may modify products, packaging, specifications, software, services, functionality, or features without notice.

Images are for illustration purposes and may not exactly represent the delivered product.

Customers are responsible for confirming that equipment, software, accessories, subscriptions, and services are appropriate for their intended application before purchase.

1. GNSS, RTK, SURVEYING, MAPPING AND MEASUREMENT

GNSS, RTK, scanning, mapping, positioning, machine guidance, and related technologies are capable of high levels of accuracy when properly configured and operated.

Actual results depend on numerous factors outside Brogan Group's control.

These may include satellite geometry, correction-source availability, distance from correction infrastructure, cellular or internet connectivity, atmospheric conditions, obstructions, multipath, equipment configuration, calibration, coordinate systems, datums, geoid models, site control, localization, operator practices, equipment condition, and third-party network availability.

Any accuracy figures stated by Brogan Group are representative or manufacturer-based specifications and are not guarantees of accuracy for every project, location, or operating condition.

The customer remains responsible for verifying project control, coordinate systems, elevations, transformations, localization, design information, measurements, tolerances, and field results before relying upon them for construction or other critical work.

1. SOFTWARE, SUBSCRIPTIONS AND THIRD-PARTY SERVICES

Certain products rely on third-party software, correction networks, cloud services, cellular connectivity, subscriptions, licenses, applications, or other third-party services.

These services may be governed by separate terms established by their respective providers.

Brogan Group cannot guarantee continuous availability, geographic coverage, future pricing, compatibility, accuracy, or uninterrupted operation of third-party services.

Once a software license, subscription, RTK or correction service, activation code, or similar digital product has been issued or activated, it is generally considered final sale and non-refundable except where required by applicable law or permitted by the applicable provider.

1. TRAINING, TECHNICAL ASSISTANCE AND FIELD USE

Brogan Group provides training, demonstrations, implementation assistance, technical support, workflow guidance, equipment setup assistance, and equipment/software instruction for educational and operational purposes.

Training and technical assistance are intended to teach customers how to operate equipment, software, GNSS/RTK systems, scanning systems, correction services, data-processing tools, and related workflows.

Brogan Group does not assume responsibility for the customer's construction, surveying, engineering, design, layout, excavation, grading, quantities, measurements, elevations, boundaries, site control, coordinate systems, localization, transformations, or other field activities.

CUSTOMER RESPONSIBILITY

The customer is solely responsible for verifying all project and field information before relying upon it for construction, excavation, grading, layout, installation, measurement, quantity calculation, or other field purposes.

This includes drawings, design files, CAD information, DXF files, LandXML/XML files, CSV files, point clouds, surfaces, survey control, benchmarks, coordinates, elevations, coordinate systems, datums, geoid models, localization, transformations, design grades, offsets, tolerances, layout information, quantities, utilities, property boundaries, construction dimensions, specifications, and existing or proposed conditions.

The customer is responsible for determining whether professional surveying, engineering, utility locating, inspection, certification, or other qualified professional services are required for the work being performed.

1. PROJECT SETUP, DATA PREPARATION AND FILE CONVERSION

Brogan Group may provide project setup, data preparation, file conversion, equipment configuration, and related technical services.

These services may include preparation, conversion, import, export, configuration, or processing of CSV, DXF, DWG-derived information, LandXML/XML, point files, surfaces, coordinate files, control information, and other digital data for use with GNSS, RTK, scanning, mapping, machine guidance, or related systems.

These services are provided as technical data-processing and equipment-implementation services.

They do not constitute engineering, professional land surveying, design, design review, certification, or approval of the underlying project information.

1. RELIANCE ON CUSTOMER AND THIRD-PARTY INFORMATION

Brogan Group relies upon drawings, design files, survey control, coordinates, elevations, benchmarks, coordinate reference systems, datums, geoid information, surfaces, specifications, revisions, and other information supplied by the customer, engineer, surveyor, designer, owner, contractor, consultant, or other third party.

Brogan Group is entitled to rely upon such information as being accurate, complete, current, properly coordinated, and suitable for the customer's intended purpose.

Brogan Group has no obligation to independently verify or identify errors, omissions, conflicts, discrepancies, missing information, incorrect elevations, incorrect coordinates, incorrect control, incorrect coordinate systems, outdated revisions, design deficiencies, or other problems contained within customer-provided or third-party information.

The fact that Brogan Group may notice, question, or assist in correcting an apparent issue does not create an ongoing obligation or professional duty to review the remaining project information for other errors or omissions.

1. INCOMPLETE OR MISSING DESIGN INFORMATION

The customer is responsible for providing all information necessary for Brogan Group to perform the requested service.

Brogan Group is not responsible for information that was not provided, was incomplete, inaccurate, unclear, conflicting, outdated, or could not reasonably be determined from the materials supplied.

This includes missing or incorrect coordinate systems, datums, geoid models, benchmarks, control points, elevations, design surfaces, grades, slopes, offsets, breaklines, alignments, boundaries, revisions, dimensions, specifications, or other project requirements.

Brogan Group has no obligation to determine or infer the design intent of an engineer, surveyor, architect, designer, owner, contractor, or other professional where the information provided is incomplete or ambiguous.

Where required information is missing or unclear, responsibility remains with the customer to obtain and confirm that information from the appropriate engineer, surveyor, designer, owner, or other responsible professional.

1. CUSTOMER-PROVIDED DRAWINGS AND DATA

Brogan Group may assist customers with importing, exporting, converting, displaying, configuring, preparing, or using drawings, design files, coordinate data, surfaces, point files, and other project information.

Brogan Group does not independently certify or warrant the accuracy, completeness, suitability, design intent, coordinate reference system, field conditions, or professional adequacy of customer-provided or third-party information unless expressly agreed otherwise in writing.

The customer remains responsible for independently verifying all drawings, files, coordinates, elevations, surfaces, control points, benchmarks, and other information before using them for construction or field activities.

1. FILE CONVERSION DOES NOT VERIFY DESIGN

Conversion, preparation, processing, or configuration of a file by Brogan Group does not constitute verification, approval, certification, or acceptance of the underlying design or source information.

A CSV, DXF, LandXML/XML, surface, point file, project file, or other digital file successfully importing, displaying, localizing, staking, calculating, or operating within Emlid or any other equipment or software does not establish that the underlying coordinates, elevations, design, control, surface, quantities, or project information is correct.

Brogan Group's responsibility is limited to performing the technical service requested based upon the information supplied.

The customer retains responsibility for the accuracy and suitability of the source information and final field use.

1. DRAWING AND REVISION CONTROL

The customer is responsible for ensuring Brogan Group receives the current, complete, applicable, and authorized drawings, design files, revisions, control information, and approved-for-construction information.

Brogan Group is not responsible for losses resulting from outdated, superseded, preliminary, incomplete, conflicting, incorrectly issued, or unauthorized information supplied by the customer or a third party.

If project information changes after Brogan Group has prepared a file, project setup, or other deliverable, the customer is responsible for notifying Brogan Group and obtaining updated files or services where necessary.

1. ASSUMPTIONS AND CUSTOMER INSTRUCTIONS

Where information is missing or unclear, Brogan Group may request clarification from the customer.

Where the customer instructs Brogan Group to proceed using an assumption, interpretation, estimated value, supplied reference, or other direction, the customer accepts responsibility for that instruction and for verifying the resulting information before field use.

Brogan Group is not responsible for consequences arising from assumptions or instructions authorized or supplied by the customer.

1. FIELD VERIFICATION REQUIRED

All files, project setups, coordinates, surfaces, control information, and other data prepared, converted, configured, or supplied by Brogan Group must be independently verified by the customer before being relied upon for construction.

Before construction, excavation, grading, layout, installation, machine guidance, quantity measurement, or other field work begins, the customer must verify the applicable information against approved drawings, known survey control, benchmarks, design information, and actual field conditions.

Appropriate field checks should include known-point and known-elevation verification where applicable.

A successful demonstration, training session, equipment setup, localization, measurement, scan, stakeout, test, import, or file conversion does not constitute certification that the project information or subsequent field work is correct.

1. UNFORESEEN AND EXISTING FIELD CONDITIONS

Brogan Group is not responsible for errors, discrepancies, omissions, conflicts, hidden conditions, or unforeseen conditions that are not reasonably apparent from the information provided.

This includes incorrect or incomplete drawings, inaccurate survey control, undocumented site changes, unknown utilities, incorrect benchmarks, coordinate-system errors, outdated design information, discrepancies between drawings and actual field conditions, subsurface conditions, existing construction, changed conditions, or other circumstances outside Brogan Group's reasonable control.

Training, demonstrations, equipment setup, file preparation, file conversion, scanning, or technical assistance do not constitute verification of actual field or subsurface conditions.

1. NO ENGINEERING OR PROFESSIONAL SURVEY CERTIFICATION

Unless expressly contracted in writing and performed by an appropriately licensed professional, Brogan Group's equipment sales, training, demonstrations, technical assistance, project setup, data preparation, file conversion, equipment configuration, and workflow support do not constitute professional engineering, professional land surveying, design, design review, certification, boundary determination, or other regulated professional services.

Brogan Group does not sign or seal engineering or surveying documents through its equipment sales, project setup, file conversion, training, or technical-support services.

Customers requiring professional engineering, surveying, certification, or design verification are responsible for engaging the appropriate licensed professional.

1. CUSTOMER DATA AND FILES

The customer is responsible for ensuring that information supplied to Brogan Group is accurate, current, complete, and authorized for use.

The customer represents that they have the necessary rights and authority to provide such information to Brogan Group.

Customers are responsible for independently verifying converted, processed, imported, exported, prepared, or modified data before using it for construction, surveying, layout, excavation, grading, quantity calculations, machine guidance, or other critical operations.

1. SUBSEQUENT CHANGES TO FILES OR SETTINGS

Brogan Group is not responsible for changes, modifications, transformations, imports, exports, localization changes, coordinate-system changes, equipment settings, software settings, design revisions, or other alterations made to a delivered file, project, or equipment configuration after delivery.

The customer is responsible for maintaining appropriate copies and version control of project information.

1. MANUFACTURER WARRANTY

Unless Brogan Group expressly provides a separate written warranty, physical products are covered only by the applicable manufacturer's warranty.

Brogan Group may make reasonable efforts to assist customers with legitimate manufacturer warranty claims but does not independently extend, modify, or replace a manufacturer's warranty.

Warranty eligibility, exclusions, troubleshooting requirements, repairs, replacements, and processing timelines are governed by the applicable manufacturer.

Damage caused by misuse, abuse, improper installation, unauthorized modification, accidents, environmental exposure outside product specifications, or failure to follow manufacturer instructions may not be covered.

1. RETURNS AND REFUNDS

Returns, cancellations, refunds, software activations, opened equipment, special orders, and warranty claims are governed by the Brogan Group Refund & Return Policy posted on this website.

Opened or used equipment is generally final sale and is not eligible for standard return.

A product believed to be defective will generally be handled through the applicable manufacturer's warranty process rather than as a standard return.

Nothing in this section limits rights that cannot legally be excluded under applicable law.

1. FIELD ERRORS AND RESULTING LOSSES

The customer retains final responsibility for all field decisions, construction activities, measurements, verification, quality control, and acceptance of completed work.

To the maximum extent permitted by applicable law, Brogan Group is not responsible for field errors, layout errors, grade errors, excavation errors, incorrect quantities, incorrect measurements, incorrect elevations, incorrect coordinates, rework, delays, material loss, equipment downtime, loss of production, incorrect installation, damage to completed work, or other losses resulting from the customer's use of equipment, software, drawings, files, project setup, training, technical assistance, or project information.

Brogan Group is not responsible for such losses where they result from inaccurate, incomplete, missing, conflicting, outdated, or incorrect information supplied by the customer or any third party, or from the customer's failure to independently verify information before field use.

1. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Brogan Group will not be liable for indirect, incidental, special, punitive, exemplary, or consequential damages.

This includes, without limitation, loss of profit, revenue, production, data, contracts, business opportunity, materials, project delays, rework, incorrect excavation or grading, equipment downtime, loss of use, or damage resulting from incorrect measurements, coordinates, elevations, drawings, design information, field conditions, customer-provided information, third-party information, or use of equipment or software.

To the maximum extent permitted by applicable law, Brogan Group's aggregate liability arising from or relating to a product, service, project setup, file conversion, training engagement, technical-support engagement, or other transaction will not exceed the amount actually paid to Brogan Group for the specific product or service giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

1. PROFESSIONAL RESPONSIBILITY AND SITE SAFETY

Customers are responsible for complying with applicable laws, regulations, project specifications, safety requirements, professional standards, permits, utility-locating requirements, and contractual obligations.

Equipment, project files, training, technical assistance, or information supplied by Brogan Group does not replace qualified professional judgment where engineering, professional surveying, inspection, certification, utility locating, or other regulated professional services are required.

Customers remain responsible for safe equipment operation and safe field practices.

1. INTELLECTUAL PROPERTY

The Brogan Group name, branding, website content, original training materials, documentation, graphics, photographs, videos, workflows, and other original materials are protected by applicable intellectual property laws.

Third-party trademarks, product names, software, documentation, and other intellectual property remain the property of their respective owners.

1. WEBSITE AVAILABILITY

Brogan Group does not guarantee that this website will always be available, uninterrupted, error-free, or free from technical problems.

Brogan Group may modify, suspend, or discontinue portions of the website without notice.

1. CHANGES TO THESE TERMS

Brogan Group may update these Terms periodically to reflect changes in our business, products, services, suppliers, technologies, or legal requirements.

The version posted on the website at the time of a transaction will generally apply to that transaction unless otherwise required by applicable law or agreed in writing.

1. APPLICABLE LAW AND CONSUMER RIGHTS

These Terms are subject to applicable laws governing the particular transaction and the rights of the customer.

Nothing in these Terms is intended to exclude, restrict, or waive a statutory warranty, consumer protection right, remedy, or other legal right that cannot legally be excluded, restricted, or waived.

Where mandatory applicable law conflicts with these Terms, the mandatory legal requirement will apply to the extent of the conflict.

1. CONTACT

Questions regarding these Terms & Conditions may be submitted using the contact information provided on the Brogan Group website.

Brogan Group

www.brogangroup.ca