Terms & Conditions
TERMS AND CONDITIONS
Summary: Plans and derivative works are owned by Home Patterns. Home Patterns license one built use of plans. These plans may not meet all local building department guidelines or codes. If needed, a local engineer or architect can make changes/additions. Builder takes on responsibility for code and structural compliance.
LICENSING AGREEMENT
IT IS HEREBY AGREED BETWEEN THE UNDERSIGNED LICENSOR AND LICENSEE:
The Licensor has designed building plans and specifications (“the Plans”).
The Licensee wishes to purchase the right to use the Plans to construct a single instance of the model.
For payment of a fixed fee, the Licensor agrees to allow, or license, the Licensee to: (a) construct one residence from the Plans, and (b) lend the Plans to appropriate third parties, such as contractors, subcontractors, material suppliers, architects, engineers, or government building licensing/inspection agencies, as necessary to construct the residence. Upon completion of the residence, the Licensee agrees to retrieve and destroy, or return to the Licensor, the Plans and any copies thereof, except for one reference set the Licensee may retain for personal records.
The Licensee acknowledges that the Licensor is the sole owner of the Plans and holds all rights to the Plans and their use as set forth in Title 17 of the United States Code. The Licensee shall list and credit the Licensor in connection with all submissions [of the residence] for publication.
Only the Licensor may copy the Plans, and shall provide the Licensee with the number of copies necessary to construct the residence. The Licensee shall not copy the plans or allow others to copy them by any method, except with the written permission of the Licensor. When an electronic version is purchased, a maximum of twelve (12) copies are allowed.
Modified Plans shall be considered “derivative works” of the original and, like the Plans, may not be sold, copied, or used to construct any other residence.
TERMS OF PURCHASE
Home Patterns, LLC assumes no liability for any home or any portion thereof which may be constructed from these plans. It is the responsibility of the purchaser of these plans to read and comply with the following prior to the start of actual construction.
The Plans are purchased AS-IS. Use of the Plans, or of a modification thereto, shall be at the risk of the Licensee or his/her builder. The information contained within the Plans is issued to show design intent and basic framing details. It is the responsibility of the builder to provide standard construction detailing and practices which will provide a structurally sound and weatherproof finished product. The builder shall resolve any discrepancies or perceived problems prior to construction.
Building codes may vary between different geographical locations, and the Plans may not comply with the codes governing the Licensee’s building site. It is the Licensee’s responsibility to consult with the proper construction professionals to ascertain the suitability of the Plans for the Licensee’s site and, if necessary, to make any changes or verifications required.
The Plans do not include any plumbing, heating or air conditioning plans due to the wide variety of codes and climatic conditions. A local electrical engineer, mechanical engineer and/or builder should provide such plans as may be required for permits and construction. The foundation plan and associated details are provided as a basic guide for a typical spread footing, or typical concrete piers, and conventional wood framed system. A local architect or licensed engineer should review the Plans and, if deemed necessary, provide a site-specific foundation design.
The Plans provide ideas and concepts and are not intended to be complete in all respects and details. Use of a potential variety of window or door brands and types, and use of different materials and thicknesses may change details. Varying codes and regulations, foundation requirements and the omission of electrical and mechanical plans may also change details.
It is the builder’s responsibility to assure that all work is in strict accordance with the latest edition of all applicable national, state, and local Building Codes. It is the builder’s responsibility to assure that all work is in strict accordance with the latest edition of all applicable Construction Standards.
It is the builder’s responsibility to assure that all manufactured articles, material, and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated and conditioned as directed by the manufacturers, unless specified herein to the contrary.
It is the builder’s responsibility to assure that all materials, equipment and components are new and of good quality.
It is the builder’s responsibility to check all plan dimensions and details for overall accuracy appropriate to the site and to the final selection of masonry, floor joists, lumber, structural members, veneer, roofing, etc., all of which may require revised dimensions and details.
Names of materials and manufacturers shown on the Plans do not represent any endorsement or recommendation by the Licensor. The final selection of the materials to be used is the responsibility of the Licensee and/or his or her builder, as is the proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing and many other small items and details not necessarily indicated on the Plans. The Licensor has no control over or responsibility for the selection, installation, or use of such items or details and shall not be liable for any errors, omissions, or deficiencies in any form pertaining thereto.
The Licensor reserves the right to make changes to its models from time to time. Therefore, the Licensor does not warrant that the Plans will match any marketing images, website or catalog that the Licensee may have reviewed and/or consulted in ordering the Plans.
DISCLAIMER OF WARRANTIES. To the maximum extent permitted by law, the Licensor disclaims all warranties, express or implied, including the implied Warranty of Merchantability and implied Warranty of Fitness for a Particular Purpose.
LIMITATION OF LIABILITY. The Licensor shall not be liable for any special, consequential, incidental, or indirect damages arising from use of the Plans, including but not limited to damages for loss of anticipated profits or loss of business opportunity. To the extent permitted by law, any liability of the Licensor shall be limited to the fixed fee set forth in paragraph 3 above.
This agreement shall be construed in accordance with New York law.
Any legal action concerning or arising out of this agreement shall be brought only in a New York State Court located in Westchester County, and the Licensor and Licensee consent to the exclusive jurisdiction of said Courts with respect to any such action.
