Terms and Conditions
TERMS & CONDITIONS
Use License - This sale constitutes a “LICENSE” to the Purchaser to use the purchased products to build ONE Cottage on ONE parcel of land. In accepting these Terms & Conditions of sale, the Purchaser agrees that he or she shall not use these products to produce more than one building and that he or she shall not copy, sell, trade or cause to be copied, sold or traded any of the products herein purchased. More….
License Terms – The following specific terms shall apply to the License purchased under this agreement:
- The Licensee, also referred to as the “Purchaser”, shall not transfer, assign, trade or give this license to a third party without written approval by the Designers,
- The Licensee shall not copy purchased documents for use by a third party or for his or her own use on more than one piece of property,
- The Licensee shall not use these Plans, Estimates and Documentation to build more than one building on any one parcel of land,
- The Licensee shall not copy, scan or trace parts of plans, drawings, text, images, artwork, Engineering Documentation or Estimates for use by themselves or by a third party,
- The sale of these products or portions thereof by anyone other than the Designers is prohibited,
- It is understood that violation of the License terms, herein stated, may result in prosecution, legal fines of as much as $150,000 per violation and in damages payable to the Designers including the Designer’s legal fees.
Ownership of Documents – The Victorian Cottage Corporation and Robert R. Garant, including their heirs and assigns, hereafter referred to as the “Designers”, claim exclusive copy rights to all the Plans, Drawings, Estimates, Engineering Documentation, Text, Images and Artwork offered or displayed on this Website and in the products offered. Any unauthorized use of this information without the express written approval of the Designers is prohibited
Suitability of Use and Refunds – If the documents purchased are found to be incompatible with Purchaser’s intent for the following reasons:
- Conformation with Building Codes– The documents sold on this Website are designed according to National and State Codes, Regulations and Technical Documents noted on the first sheet of each set of Building Plans. Due to constant revisions to these regulations and because local Code authorities may at times revise said National and State requirements, the purchased documents may have differences or conflicts with locally applied regulations.
- Conformation with Zoning Codes - It is assumed the Purchaser has performed some “Due Diligence” investigations prior to making a purchase of the Designer’s Building Documents. It is recommended throughout this Website, that the Purchaser download and read the “Site Assessment Questionnaire” provided free of charge by the Designers before making a purchase. Most problems that can occur with local Zoning compatibility will have been answered if the Purchaser has performed the investigations noted in the “Site Assessment Questionnaire”. However, some overlooked or unexpected conflicts can and do occur.
If before or during the permitting process an issue is discovered that requires a minor change to the documents in order to permit the Purchaser’s Project, the Designers may revise minor differences in the Purchased Documents and issue a revised set of said documents at no cost to the Purchaser.
Should the document change required be considered more than a minor change, the Designers reserve the right to refund the cost of the documents purchased and to terminate this sales agreement. It shall be at the sole discretion of the Designer whether the required change is considered minor or not. Refunding of the cost of purchase shall constitute the entire liability of the Designers. No additional payments for any reason shall be due to the Purchaser.
In order to receive a refund of the purchase price, the Purchaser shall provide a signed agreement provided by the Designers stating:
- The reason the documents were not compatible with the Purchaser’s building site,
- Approval of a release of all rights to the License acquired with the purchase,
- Confirmation that all copies of the documents and files associated with the purchase have been destroyed,
- Conformation that they have not sold, traded or given the purchased files or documents or copies of such to a third party.
Purchaser Responsibility - As part of this agreement, the Designers have the right to assume the Purchaser will be responsible for:
- Providing Accurate Information to the Designers - The Designers shall have to right to assume the information provided to the Designers by the Purchaser in the “Engineering Documentation Data Form”, The “Site Assessment Questionnaire” and in any other correspondence is accurate for use in preparation of the Building Permit Documents,
- Safety Requirements – It shall be the Purchaser’s responsibility to educate him or herself and institute all safety procedures at the Building Site,
- Compliance with All Laws – It shall be the Purchaser’s responsibility to follow all laws and regulations applicable to his Project,
- Locate Existing Utilities – It shall be the Purchaser’s or his agents responsibility to locate utilities on the site and to note conflicts with existing utilities,
- Worker’s Compensation Insurance – It is the Purchaser’s responsibility to educate him or herself about the requirements and to follow the laws pertaining to local Worker’s Compensation Laws,
- Hire Competent Help - It is the Purchaser’s responsibility to either educate him or herself or to hire competent labor to perform the construction tasks required to construct the Project,
- Harmful Chemicals – It is the Purchaser’s responsibility to educate him or herself about the various risks associated with using and handling the hazardous chemicals associated with constructing the Project,
- Checking Dimensions – The Purchaser shall check the dimensions shown on the drawings to determine :
- Manufacturers dimensions of equipment, windows and doors for compatibility with the dimensions shown on the drawings,
- Cabinets and fixtures for compatibility with final constructed dimensions,
- Plumbing and electrical layouts for final constructed dimensions
- Location of existing underground utilites
- Building Setbacks and layout lines
- Checking Ordered Quantities– Before ordering materials the Purchaser should check the ordered quantities to verify estimated quantities, to confirm final layout and to allow for final window, door and equipment dimensions,
- Checking Ordered Specifications – Prior to ordering materials, fixtures and equipment the Purchaser should verify compatibility with specifications and conformance with local Codes.
Recommendations and Warranties – The Designers listing of any product in the Building Plans or in the Documentation does in no way constitute an endorsement of a particular manufacturer or a warranty of their product. Any product noted in the construction documents may be substituted with an equivalent product by another manufacturer of similar quality.
Accuracy of Estimates and Prices – A great deal of research and energy has gone into creating and maintaining the Material Price Lists and Vendor Purchase Orders sold on this website, however the unit prices and quantities noted may contain errors from time to time that may or may not be significant to the Purchaser. The Designers strongly recommend that the quantities shown in the Price Lists and Purchase Orders be verified before ordering.
It should also be noted that the unit prices utilized in the Estimates and Vendor Purchase Orders may be revised by the vendor or manufacturer without the Designers knowledge. The materials may also vary in price per location and because of temporary shortages. In the end many factors beyond the control of the Designers may affect the price the Purchaser will pay. It is recommended that the Vendor Purchase Orders first be sent to the Vendors as a “Request for Quote” before actually ordering any materials. This procedure will protect the Purchaser and resolve any questions relating to the accuracy of the Designers unit price estimate.
Indemnification of the Designers – The Purchaser shall Indemnity the Designers from any and all claims of the his contractors, subcontractors, employees and/or assigns and shall hold harmless the Designers against all losses, demands, damages, attorney fees and liability in conjunction with the interpretation, construction and/or use of the products herein sold.
Controlling Law - This Agreement is to be governed by the laws of the State of California. Legal actions, if required, shall be adjudicated in the Courts of Sonoma County, California.
Standard of Care – The standard care for all professional Design and related services performed or furnished by the Designers under this Agreement will be the care and skill ordinarily used by members of the profession practicing under similar circumstances at the same time and in Sonoma California. The Designers makes no warranties, express or implied, under this Agreement or otherwise, in connection with Designer’s services. The Designers may use or rely upon the design services of others, including, but not limited to, contractors, manufacturers, suppliers, architects and surveyors. The Designers may rely on the accuracy of surveys, drawings and construction documents provided by the Purchaser or his consultants to the Designers for purposes of designing the Project.
Designers shall not at any time supervise, direct, or have control over any contractor’s work, nor shall Designers have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, for safety precautions and programs incident to a contractor’s work progress, nor for any failure of any contractor to comply with laws and regulations applicable to contractor’s work.
Guarantee of Performance – The Designers neither guarantee the performance of any material supplier nor assumes responsibility for any supplier’s failure to furnish and perform
Responsibility for Acts and Omissions - The Designers shall not be responsible for the acts or omissions of the Purchaser or any contractor, subcontractor, or supplier, contractor’s agents or employees or any other persons at the Project site.
Limit of Liability - To the fullest extent permitted by law, Purchaser and Designers shall waive against each other, and the other’s employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project and shall agree that Designers total liability to the Purchaser under this Agreement shall be limited to $500 or the total amount of compensation received by Designers, whichever is greater.
Total Agreement - This Agreement constitutes the entire agreement between Purchaser and Designers and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument.