Clever Moderns Quonset House Plans: Terms & Conditions
These Terms and Conditions are entered into by and between (i) the individual(s) or entities purchasing Clever Moderns Quonset House Plans (“Purchaser”) and (ii) Clever Moderns LLC (“Seller”). These terms and conditions constitute a binding legal contact and shall govern the purchase and use of Clever Moderns Quonset House Plans (the “Plans”) for the construction of one single family residential structure (the “”Unit” or “Project”). Purchaser shall fully read and understand these Terms and Conditions prior to purchasing the Plans. By proceeding with the purchase of the Plans, Purchaser acknowledges that it has fully read and understood these Terms and Conditions. These terms and conditions are a material consideration for the sale of the Plans and Seller would not sell the Plans to Purchaser without these terms and conditions.
These Terms and Conditions shall be effective as of the date of purchase.
In consideration of Seller’s sale of the Plans/Unit to Purchaser, the validity and receipt of which are hereby expressly acknowledged, the parties hereby covenant and agree as follows:
No Professional Relationship
This is not an offer of professional architectural services. Purchase of the Plans does not create a professional relationship or architect-client relationship between Purchaser and Seller. Seller is not offering or providing architectural services to Purchaser. Seller is not and shall not be the architect of record or the architect in responsible control of the Plans or any Project built by Purchaser or others hired by Purchaser.
No Guarantee as to Outcome
Purchaser agrees and acknowledges that Seller has no control over the quality of construction materials, the use of the Plans, or the means and methods employed to construct the Project; Purchaser agrees to defend, indemnify and hold Seller harmless from any and all claims, damages, allegations, demands, liabilities, bodily injury, death, costs, expenses, economic loss, attorney’s fees and/or expert fees arising from or related to any construction defect, design defect, and/or from any adverse result arising from Purchaser’s use of the Plans. Plans are developed for use under “typical” conditions, but Purchaser understands and agrees that all sites and all projects are unique and different, and that local conditions vary in ways that are impossible for Seller to predict. Furthermore, Purchaser understands and agrees that each party purchasing and using the Plans has different skills and abilities, which are impossible to predict or anticipate. Therefore, Seller shall not be held responsible for the outcome of any individual case and makes no guarantees or warranties to Purchaser.
No Substitute for Building Manufacturer’s Guidance
Nothing in these plans shall be construed to contradict the Quonset hut building manufacturer’s guidance as to proper use of their structure, in whole or in part. Seller takes no responsibility for manufacturer’s warranty (express or implied) and makes no claims on behalf of building manufacturers.
Responsibilities of Purchaser/User
Plans are expressly intended to be sold as is and without the seal of a professional engineer or architect. The Plans are deemed by Seller to be complete and buildable under typical conditions, but Plans as sold are NOT intended to convey every conceivable detail of information which might be encountered under any and all possible conditions. A local, professional architect and/or engineer of record should to be retained at Purchaser’s expense to review, revise, and/or seal plans in locations with adverse conditions including but not limited to: high seismic areas such as California and portions of the West Coast, or high wind areas such as Florida and other coastal areas. Sites with sloping topography may require custom foundation design & engineering at Purchaser’s expense. Additionally, state or local building permit regulations may require review of the Plans by a locally licensed professional at Purchaser’s expense as a requirement for building permit issuance. It is up to Purchaser to do any necessary due diligence with respect to local regulations and building permit requirements, as well as full investigation of the suitability of their particular site, before purchasing plans. Seller makes no representations or warranties, express or implied, that the Plans will fit Purchaser’s particular use or meet Purchaser’s individual needs. Seller further makes no representations or warranties that Plans will comply with individual State/County/Municipal regulations, or that Plans will be approved by any local governing agency. All express or implied warranties of fitness for a particular purpose, or warranties of merchantability are hereby disclaimed and of no effect in this sale of the Plans. All sales are final. Purchaser is responsible for, and Seller has no responsibility for, determining the suitability of the Plans for any particular Project or project site.
Errors and Omissions
Purchaser understands and acknowledges that no set of construction plans can possibly cover every conceivable condition and detail to be encountered under any and all specific conditions in all locations. The use of the Plans is subject to the interpretation of any contractor or builder or other person undertaking construction of the Plans or Project, and Seller cannot anticipate the knowledge or skill level of any particular such person or entity. Purchaser agrees to defend, indemnify and hold harmless Clever Moderns, LLC, including its owners, members, managers, officers, employees, contractors, agents, and suppliers, from any claims, demands, allegations, damages, liabilities, costs, expenses, attorneys fees, or expert fees related to or arising from any claim of errors and omissions in connection with the Plans and their use.
Copyright & Ownership of Drawings
Copyright in the drawings and in the design depicted therein is retained by Clever Moderns, LLC. Purchase of Plans does not constitute transfer of copyright to Purchaser. Purchase of the Plans entitles Purchaser to a single-use license to construct one (1) house or building based upon the Plans. Plans may be printed and used only as necessary for one single use for construction of the building depicted. Re-use of the plans by Purchaser to construct more than one structure constitutes a copyright infringement. Plans are registered with the United States Copyright Office. Multi-use licenses may be obtained by contacting Clever Moderns LLC by
email at firstname.lastname@example.org. This limited, non-exclusive license granted for Purchaser’s use of the Plans is subject to termination at the election of Seller in the event of any breach of these Terms and Conditions, any misrepresentation (intentional or negligent) by Purchaser in the purchase of the Plans, or any infringement or potential infringement of the Copyright held and owned by Clever Moderns, LLC.
No Resale, Non Transferable License
Plans are for use by the original Purchaser on the site designated by Purchaser at time of purchase, unless otherwise arranged at time of purchase. Plans and/or license to use Plans may not be sold, resold or otherwise transferred to a third party without the express permission, in writing, of Clever Moderns, LLC.
All sales are final. It is Purchaser’s responsibility to do all due diligence including but not limited to suitability of site, local planning, zoning, building permit regulations, HOA’s, POA’s, CC&R’s, etc. with respect to their property, prior to purchasing the Plans.
Customization of Plans
Plans are sold as-is. Unless specifically agreed otherwise in writing, individual customization of Plans is not offered by Seller as a service.
Hold Harmless & Indemnification
Purchaser hereby agrees to hold the Seller, including its owners, members, managers, employees, directors, officers, and shareholders harmless from any and all claims, demands, damages, liabilities, costs, expenses, bodily injuries including death, economic loss, attorney’s fees, and expert fees arising from Purchaser’s efforts toward constructing the Unit. Purchaser shall fully defend and indemnify Seller, including its owners, members, managers, employees, directors, officers, shareholders against any and all claims, demands, damages, liabilities, costs, expenses, bodily injuries including death, economic loss, attorney’s fees, and expert fees asserted by third parties arising from efforts toward constructing the Unit.
Limitation of Liability
Purchaser hereby agrees that the maximum liability from Seller to Purchaser shall be the cost of the Plans actually paid to Seller by Purchaser. A reimbursement from Seller to Purchaser in the amount of the cost of the Plans actually paid by Purchaser shall be deemed as full satisfaction for any and all claims, demands, damages, or liabilities that Purchaser may have against Seller. By delivery of a full refund from Seller to Buyer in the amount of the cost of the Plans actually paid by Purchaser, Purchaser waives, releases, forever discharges, and covenants not to sue Seller, it’s owners, members, managers, employees, directors, officers and shareholders from any and all claims, actions, causes of action, demands, rights, damages, costs, losses, expenses, compensation, and liabilities whatsoever, whether in law or equity, that Purchaser may then have or that may thereafter accrue, whether knowable, known, unknown, foreseen or unforeseen, suspected, unsuspected, asserted, unasserted, contingent or otherwise against Seller.
Exclusion of Consequential Damages
Purchaser expressly agrees and acknowledges that Seller is not responsible or liable to Purchaser for any consequential or indirect damages arising from the Plans, including, but not limited to, Purchaser’s efforts toward constructing the Unit.
Any dispute arising from these Terms and Conditions, the Plans, or the Unit shall be subject to mandatory arbitration in accordance with the Arizona Revised Uniform Arbitration Act as set forth under Arizona Revised Statutes, Title 12, Chapter 21. The parties shall mutually select an arbitrator, and each party shall be responsible for one-half of the arbitrator’s fees. If the parties cannot agree upon an arbitrator, each party shall select an arbitrator, and the two arbitrators together shall then mutually select a third party arbitrator to conduct the arbitration. The prevailing party in any arbitration proceeding shall be entitled to recover its attorneys’ fees and costs, including the prevailing party’s share of the arbitrator’s fees.
In the event that any of the provisions, or portions thereof, of these Terms and Conditions are held to be unenforceable or invalid by any court of competent jurisdiction (including by an arbitrator), the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby and effect shall be given the intent manifested by the provision, or portions thereof, held to be enforceable and valid.
These Terms and Conditions shall be governed by and construed under the laws of the State of Arizona. Notwithstanding the Arbitration provision hereinabove, any legal proceeding arising under these Terms and Conditions shall be held and adjudicated in the Superior Court of Yavapai County, Arizona. Purchaser expressly agrees to venue and jurisdiction (personal and subject matter) in Yavapai County, Arizona.
These Terms and Conditions contain the entire agreement between the parties with respect to the subject matter herein and supersedes all prior agreements and understandings and may not be altered or amended except by a writing signed by all parties. There are no representations or warranties unless expressly set forth in these Terms and Conditions.
Waiver of any default hereunder shall not constitute a waiver of any subsequent default.
The headings contained in these Terms and Conditions are for reference purposes only and shall not affect the meaning or interpretation of these Terms and Conditions.
All words used herein shall be construed to be of such gender and number as the circumstances require. These Terms and Conditions will be interpreted neutrally and not against the drafter hereof.