Terms & Conditions of Study Set & Construction Document Set Purchases
Study Set Terms & Conditions: Study Set are for exploratory purposes only. They do not include a license to construct the pans and shall under no circumstances be used for construction.
Construction Document Set Terms & Conditions:
These terms and conditions are between the purchaser (referred to herein as "Purchaser") of a one time license to use these plans (referred to herein as "Plans") and Moser Design Group, Inc (referred to herein as "Moser"). The Purchaser of the one time license of these Plans acknowledges and agrees that it has read, accepts and will comply with the following terms and conditions.
In consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed as follows:
1. General Notes.
a. Moser grants the Purchaser a limited license to use these copyrighted Plans for the construction of no more than one home or dwelling unit.
b. Purchaser may change or modify the Plans, thereby creating a derivative work of the Plans. However, Moser retains full right and title to any such derivative work. Additionally, Purchaser accepts full and complete liability for the accuracy and overall integrity of any derivative works created from the Plans.
c. Purchaser may loan the Plans to associates and subcontractors for their use in assisting Purchaser with construction of the one dwelling allowed herein. However, Purchaser may not otherwise transfer or sell the Plans or any derivative works of the Plans, or any reproductions or rights thereto.
d. Purchaser's purchase of the one time license of these Plans does not transfer any right, title, or interest in the Plans or the copyright therein to Purchaser except as specifically set forth in this agreement. Furthermore, Purchaser acknowledges that Moser will be greatly damaged should Purchaser breach the terms of this agreement.
e. At the time the Plans were prepared, every effort was made to ensure that these Plans and specifications meet nationally recognized codes. The Plans conform to most national building codes. Because building codes vary from area to area, however, some drawing modifications and/or the assistance of a registered design professional may be necessary to comply with your local codes or to accommodate specific building site conditions. We advise you to consult with your local building official for information regarding codes governing your area. Heating, air conditioning and electrical layouts are not included. Consult a local mechanical and electrical contractor for systems suitable for your local conditions.
2. Disclaimer. PURCHASER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE PLANS. THE PLANS ARE PROVIDED ON AN "AS IS" BASIS. MOSER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE USE OF THE PLANS TO CONSTRUCT A HOME OR OTHER STRUCTURE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOSER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS. MOSER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THESE PLANS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM PERSONAL INJURY OR LOSS OF PROPERTY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THESE PLANS, OR THE INABILITY TO USE THESE PLANS, OR ANY PORTION THEREOF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOSER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. Release and Indemnification. Purchaser hereby releases Moser for any damages, liabilities or claims based upon Purchaser's use of these Plans. Purchaser agrees to defend, indemnify and hold harmless Moser for any damages, liabilities or claims, including reasonable attorneys' fees, arising out of or based upon Purchaser's use of these Plans.
4. Copyrights. These Plans are protected by United States copyright law (Title 17, United States Code) and various international agreements (referred to herein as "Copyright Laws"). Moser grants to the Purchaser of these Plans a limited license to use the Plans for the sole purpose of constructing one (1) home, including the right to modify the Plans as deemed necessary or desired by the Purchaser or its representatives in connection with the construction of the one (1) home. Any modifications to the Plans constitute a derivative work under the Copyright Laws. The Copyright Laws prohibit any use of these Plans, any derivative works based upon these Plans, or any portion of the foregoing, to construct any home or other structure beyond the one-time use authorized herein, or any duplication, display, publication, sale, lease or distribution of these Plans, any derivative works based upon these Plans, or any portion of the foregoing, without the prior written consent of Moser. Purchaser acknowledges and agrees that all rights, title and interest in the Plans, any derivative works based on the Plans, and the copyrights therein, are owned by Moser. All rights reserved.
5. Scope of Plans and Professional Assistance. These Plans provide ideas and concepts and are not intended to be complete in all respects and details. For example, the Plans do not specify or cover many requirements necessary to construct a home or other structure, including electrical, plumbing, and heating ventilating and air conditioning specifications and schematics, as well as construction related requirements such as nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing and many other items and details. The Plans should be reviewed by a licensed architect, builder and/or engineer prior to the start of construction. It is the Purchaser's responsibility to provide or obtain standard construction detailing and practices, which will provide a structurally sound and weatherproof finished home. The Purchaser or its licensed construction representatives shall resolve any discrepancies or problems perceived prior to starting construction. Any use of these Plans, or modifications thereto, by the Purchaser or the Purchaser's licensed construction representatives is performed at their own risk.
6. Local Building Requirements. Building codes, zoning requirements, ordinances, building regulations and construction standards may vary because of the differences in geography and climate. Each state, county and municipality has its own building codes, zoning requirements, ordinances, building regulations and construction standards, as well as requirements regarding snow loads, energy codes, soil and seismic conditions and a wide range of other matters (referred to herein as "Local Requirements"). The Plans may need to be modified to comply with the Local Requirements applicable to the Purchaser's building site. It is the Purchaser's responsibility to consult with the proper construction professionals to ascertain if the Plans comply with these Local Requirements governing the Purchaser's building site, and, if necessary, to make any modifications or verifications to the Plans as required to comply with these Local Requirements.
7. Additional Plans and Specifications Required. These Plans do not include any plumbing, heating or air conditioning specifications or plans due to the wide variety of Local Requirements and climatic conditions that may be applicable. A licensed electrical engineer, mechanical engineer and/or builder should provide such specifications or plans, as may be required for permits and construction. The foundation plan and associated details contained in the Plans are provided as a basic guide for a typical spread footing and crawl space and conventional wood framed system. It is the Purchaser's responsibility to have a licensed architect, builder or licensed engineer review these Plans and, if deemed necessary, provide a site-specific foundation design. It is also the Purchaser's responsibility to check, or have a licensed architect, builder or engineer check, all plan dimensions and details for overall accuracy appropriate to the site and final selection of masonry, floor joists, lumber, structural members, veneer, roofing, etc., all of which may require modifications to the Plans to revise the dimensions and details. Varying Local Requirements, foundation requirements and the addition of electrical and mechanical plans may also change details of these Plans and/or require modifications to the Plans.
8. Construction Materials and Installation. Names of articles, components, material, equipment and manufacturers shown on these Plans do not represent any endorsement or recommendation by Moser. The final selection of the articles, components, material, equipment and manufacturers to be used is the responsibility of the Purchaser, as is the proper installation of such items. Moser has no control over, or responsibility for, the selection, installation, or use of such items. It is the Purchaser's responsibility to assure that all manufactured articles, components, material, and equipment to be used in the construction of a home or structure based upon the Plans are of good quality and are applied, installed, connected, erected, used, cleaned, adjusted, operated and conditioned properly and as directed by the manufacturers of such items. The use of a different articles, components, material, and equipment may change details of the Plans and/or require modifications to the Plans.
9. General.
(a) Moser reserves the right to make changes to its Plans from time to time. Therefore, Moser does not warrant that the Plans will match any marketing, website or catalog images that the Purchaser may have reviewed and/or consulted prior to ordering the Plans.
(b) Purchaser agrees that no joint venture, partnership, employment or agency relationship exists between Purchaser and Moser as a result of these terms and conditions or Purchaser's use of these Plans.
(c) Moser's performance of these terms and conditions is subject to existing laws and legal process and nothing contained in these terms and conditions is in derogation of Moser's right to comply with law enforcement requests or requirements relating to Purchaser's use of these Plans or information provided to or gathered by Moser with respect to such use.
(d) These terms and conditions constitute the entire agreement between Purchaser and Moser with respect to the Plans. These terms and conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Purchaser and Moser with respect to the Plans. No modification of these terms and conditions shall be effective unless it is authored by Moser, or unless it is physically signed by Moser. Any alleged waiver of any breach of these terms and conditions shall not be deemed to be a waiver of any future breach. A printed version of these terms and conditions and/or of any notice given by Moser in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions or Purchaser's use of the Plans to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Moser in printed form.
10. Controlling Law.
(a) Purchaser agrees that these terms and conditions and its use of the Plans ar governed by the laws of the State of South Carolina, USA. Purchaser hereby consents to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Beaufort, South Carolina, USA in all disputes (a) arising out of, relating to, or concerning the Plans and/or these terms and conditions, (b) in which the Plans and/or these terms and conditions are an issue or a material fact, or (c) in which the Plans and/or these terms and conditions is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
(b) Use of the Plans is unauthorized in any jurisdiction that does not give full effect to all provisions of these terms and conditions, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Moser has endeavored to comply with all legal requirements known to it in creating and distributing these Plans, but makes no representation that the Plans are appropriate or available for use in any particular jurisdiction. Use of the Plans is unauthorized in any jurisdiction where all or any portion of the Plans may violate any legal requirements and Purchaser agrees not to use the Plans in any such jurisdiction. Purchaser is responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these terms and conditions is at Purchaser's own risk and, if any part of these terms and conditions is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these terms and conditions shall govern such use.
11. DISPUTE RESOLUTION.
(a) WITH THE PRIOR AGREEMENT OF MOSER, ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF, RELATING TO OR CONCERNING THE PLANS AND/OR THESE TERMS AND CONDITIONS SHALL BE DECIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION PROCEEDINGS SHALL BE BROUGHT AND HELD IN BEAUFORT, SOUTH CAROLINA, USA. THE DECISIONS OF THE ARBITRATORS SHALL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATORS MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
(b) ALTERNATIVELY, IF ARBITRATION CLAUSE IS DEEMED INVALID, PURCHASERS HEREBY CONSENTS TO EXCLUSIVE JURISDICTION AND VENUE IN SOUTH CAROLINA.
GENERAL NOTES
1. Do not scale drawings. Use only dimensions shown on drawings. The purchaser or the purchaser's licensed construction representatives shall verify all dimensions and conditions at jobsite.
2. Larger scale drawings supersede smaller scale drawings.
3. Coordinate location of utility meters on the site plan to keep them from pubic view and to minimize visual impact from any area of the site. Hold meters as low as possible to allow more effective screening.
4. Use materials appropriate to the application for maximum life and optimum appearance.