This AGREEMENT that refers to Terms and Conditions of Sale, by and between York Residential Design, Inc. (hereinafter referred to as Designer), and Customer and or assigns (hereinafter referred to as Client). WHEREAS Designer and Customer desire to enter into an agreement for certain services, as listed below, and do hereby wish to set forth the terms of said agreement with specificity; NOW THEREFORE, and in the consideration of the mutual covenants herein contained and as stated on the attached Plan Sale Order Form and other good and valuable consideration, the parties do agree to the following:
1. PURCHASE & PAYMENT: Upon receipt of Customer online order form and successful processing of Customer payment, Designer shall process and ship to Customer the plan(s) identified on the online order form. Payment shall be made through Visa, MasterCard, American Express or Discover Card. Designer shall charge Customer credit card the total amount set forth on the order form, including all fees for shipping and all applicable taxes. All amounts are in U.S. Dollars. No plans shall ship until full payment has been received. Please note that all plan sales are final, non-refundable and non-returnable.
2. LICENSE AGREEMENT: Except for the purchase of a Study or Bid Set, upon full payment of all fees and costs, Customer shall receive a nonexclusive single use license to use the design and information contained within the plans to aid in the construction of one residential building only. Customer may purchase a multi use license for the construction of multiple residential buildings from a single plan at time of sale. A Reproducible Vellum Set must be purchased with a multi use license.
3. COPYRIGHT: All copyrights in and to the plans are owned solely by Designer or its affiliated companies, and Customer's sole right is the nonexclusive single use license granted hereunder. The plans are protected under the Architectural Works Copyright Protection Act of 1990 amendment to the U.S. Copyright Act. Designer retains the sole and exclusive right to publish the plans, sell copies of the plans to others, and to create derivative works of the plans.
4. COPY RESTRICTIONS: Reproduction, including photocopies, of the plans without the prior written consent from Designer is strictly prohibited and is a violation of U.S. Copyright law. The purchase of a Reproducible Vellum Set allows the Client to make up to (10) ten copies of the reproducible plans for the construction of a single residential building only. The purchase of reproducible plans does not constitute the granting of a multi use license.
5. CODE COMPLIANCE: Plans purchased hereunder have been designed in accordance with applicable building codes and zoning principles in effect at the time of the designs creation. These building codes and zoning principles may or may not be the same as the regulations in the locale where Customer will be building. Designer does not warrant and has not drafted the plans to comply with Customer's local building and zoning laws. The Customer is responsible for ensuring compliance with local building codes and zoning regulations. Customer hereby assumes full responsibility to insure that the plans are in compliance with Customer's local building codes, zoning laws and regulations and Customer assumes full risk for noncompliance. Local building jurisdictions may require lateral analysis or other engineering services. Customer hereby indemnifies and holds Designer, its principals, employees and agents, harmless from any claim, loss or liability resulting from the failure of the plans to comply with local zoning laws or regulations or for any other breach of this Agreement attributable in whole or in part to Customer or its builder. It is advisable to have an Architect or Structural Engineer review your plans to ensure compliance with local building codes and zoning regulations in your area.
6. WARRANTY: All construction plans ordered through yorkhomedesign.com are provided as-is and Designer disclaims all other warranties, express or implied, including merchantability or fitness of purpose. Designer is not liable for incidental, special, consequential, or indirect damages of any kind, including, but not limited to, loss of anticipated profits, business opportunity, or other economic loss arising out of the use of services or any construction plans received from Designer, even if Designer has been advised of the possibility of such damage. It is the Customer’s responsibility to ensure the accuracy, compliance with applicable statute or regulation, and fitness of purpose of any plans or construction information received from Designer prior to use thereof. In the event any liability is imposed on Designer, Designer’s liability to Customer or any third party shall not exceed the price paid for Designer’s product.
7. PLAN MODIFICATION: A qualified architect, engineer, or building designer may carry out all modifications once the plans have been purchased; however, Designer cannot be held responsible for these changes. Changes and modifications made to any home plan are legally considered to be "derivative works" of the plan. As the owner of the copyright of the home plan, only the original designer is entitled to copyright the derivative works. Any attempt by others to claim copyright in derivative works is a violation of federal copyright law.
York Residential Design/PD&D, Inc. is neither an architect nor engineer and construction from these plans should not be undertaken without the assistance of a certified construction professional. The purchaser and builder for this plan releases York Residential Design/PD&D, Inc., its officers, owners, and employees from any claims or law suits that may arise during the construction of this structure or any time thereafter. Therefore, builders must carefully inspect all dimensions and details in these drawings and assume responsibility for the same.
