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Terms & Conditions

All content, graphics, and other data stored on this website expressly stated as being from another source are hereby designated original material, and is the intellectual property of the owner. This material may not be reused in any form, or for any purpose, without the consent of the owner.

The content of this website may not be reproduced in any form without the express written permission from the owner. It may not be sold for profit or included in any type of archive (commercial or private) without the consent of the owner. Failure to abide by these rules may result in legal action by the owner.

Return Policy
All sales on house plans and customization/modifications are final. No refunds or exchanges can be given once your order has started the fulfillment process.

Consult your local building official who can tell you if a review of your plan by a licensed architect or engineer is required prior to submission of a building permit. Due to the great differences in geography and climate throughout Africa, each country has its own building regulations. Your plan may need to be modified to comply with local requirements. In addition, you may need to obtain permits or inspections from local governments before and in the course of construction. We authorize the use of the plans on the express condition that you consult a local licensed architect or engineer of your choice prior to beginning construction, and strictly comply with all local building regulations, ordinances, and requirements. 

If your purchase includes any Custom Changes, Plan Modification or alteration by Mudbrix or the original owner of a particular plan, the following contract applies and is made a part of and amended to the terms and conditions above.
A. Client: The individual, partnership or incorporated body purchasing services for Custom Changes, as described in the Custom Change Contract, Standard Terms and Conditions of Agreement.
B. Custom Change: Services including but not limited to altering plans provided to the Designer from the Client.
C. Designer: Mudbrix is herein named Designer for the purpose of executing this contract.
D. Original Drawings: Drawings provided by the Client to the Designer as the basis for Custom Changes. These drawings may be stock house plans that have been purchased through the Designer. The Designer may or may not have had any part whatsoever in the creation of the Original Drawings.
E. Plans: Construction drawings, concept drawings, stock plan drawings, and/or other images that illustrate the nature of and scope of the building project. Plans are also referred to as drawings.
F. Customizer Quote Form: Online form filled out by the Client to describe plan changes to the Designer.

A. Should you ask that work commence before executing this contract, you agree that the terms contained herein shall constitute the contract between us, and covers all work done.

A. The Client shall provide full information regarding custom changes and budget requirements and all physical information about the site and/or building.
B. The Client shall render approvals and decisions promptly and as necessary for the orderly progress of the Designer's services and in keeping with the mutually acceptable schedule.
C. The Client shall obtain at Client's cost all required soil studies and land surveys, if required.
D. The Client agrees to credit the Designer in publicity involving the project design.
E. Sites selected by Client are assumed to be adequate for the intended project. Site evaluation and selection services will be done by the Client.

A. Based on drawings provided by the Client, the Designer will provide custom change services. Services include construction drawing changes based on the Custom Plan Quickquote form or Custom Changes purchased online. Original pricing of custom changes are limited to the request described in the original Custom Plan Quickquote form. Additional custom changes requested by the Client that were not included in the original custom plan Quickquote form or online Custom Changes are considered additional services. Addition services can be provided at an additional cost.
B. Designer may require a written description and graphic sketch indicating the desired changes.
C. Drawing furnished by the Client must have a copyright release. This copyright release provides the Designer the necessary legal documentation to alter existing construction drawings.
D. Designer's Custom Change Services ends once approved drawings have been physically or electronically delivered to the Client. Drawing revisions requested after this final delivery date are considered additional services. Drawing revisions requested by the Client, for local building departments and codes is an example of such additional services.

A. Construction cost estimating services, materials lists, take offs and other related services are not included as part of this contract.

A. For Custom Change Services, compensation shall be based on the Customizer Quote or online Custom Change pricing.
B. For Additional Services (if required), or hourly projects, compensation shall be computed on an hourly basis plus Reimbursable Expenses. The hourly rate for additional services shall be $45/hour.
C. Payment is due at time of purchase for Custom Change Services, unless otherwise agreed upon in writing. Payment due to the Designer and unpaid under this contract shall bear interest from thirty (30) days after the date of Invoice at 1.5% per month.
D. The Designer may, without breach of agreement, withhold release of contract documents for permit, bidding, and construction, if payment on invoices is not current.
E. If the Scope of the Project or of the Custom Change Services is changed materially, the amount of total compensation shall be adjusted.

A. Reimbursable Expenses which are in addition to the compensation for Custom Changes and Additional Services and include actual expenses incurred by the Designer and the Designer's employees and Consultants in the interest of the Project, including but not limited to, the following:
1. Expense of consultants, reproductions, postage and handling of Drawings, Specifications, and other documents, including reproductions for the office use of the Designer and the Designer's Consultants, photo copies, faxes, photography, messenger service, long distance telephone calls, supplies, and renderings and models.
2. If authorized by the Client, expenses of overtime work requiring higher than regular rates.
B. Reimbursable expenses shall be billed at one point one (1.1) times the amount billed to the Designer.

A. The Custom Change Contract may be terminated by either party upon seven (7) days written notice.
B. If the Custom Change Contract is terminated by the Client, no refund of payment will be made by the Designer.
C. If the Custom Change Contract is terminated by the Designer, a partial refund may be issued to the Client. If a partial refund has been deemed appropriate by the Designer, the specific amount will be determined on a case by case basis. Partial refund to the Client does not include any compensation paid for original drawings purchased from the Designer whatsoever. Original drawings provided as the basis for custom changes are not covered under this contract. No refund will be issued for Original drawings.
D Upon termination of the Custom Change Contract, where no refund has been issued, the Client may retain drawings that have already been made by the Designer for custom changes.
E. Upon termination of the Custom Change Contract, where a refund has been issued, the Client is only entitled to the Original drawings provided to the Designer. The Original drawings will be returned within thirty (30) day from the date of termination of the Custom Change Contract.
F. Custom Change Contract may be suspended after seven (7) days of receiving correspondence from the Designer requesting a response from the Client. Correspondence from the Designer may be written and/or verbal. Correspondence may include but is not limited to telephone calls, telephone voice messages, emails, instant messaging, text messaging, requests through project management systems, and/or letters.
G. Custom Change Contract may be terminated after thirty (30) from the start of contract suspension.
H. The Designer shall be compensated for all services and expenses incurred prior to receipt of written notice of termination from the Client. If the Project is resumed, after being terminated for more than one (1) months, and should the Designer agree to resume performance of service, there will be a re-activation fee at 15% of the original custom change fee.
D. In the event the Designer does not receive the agreed compensation when due, the Designer may suspend services without breach of contract upon giving the Client written notice;

A. Drawings, sketches and specifications are instruments of service and remain the property of the Designer whether the Project for which they are prepared is executed or not. They may not be used in whole or in part on other projects or to complete a project without the Designer's involvement, (binding final arbitration) except by the written agreement of the Designer and with appropriate compensation to the Designer.
B. Client agrees to hold harmless and indemnify the Designer from and against all claims, liabilities, losses, damages and costs, including attorney's fees, arising out of or connected with the conversion, modification, misinterpretation, misuse, or reuse by others of the electronic files, drawings and data provided by the Designer under this contract.

A. Any controversy or claim arising out of or relating to this contract or the breach thereof shall be settled by final arbitration in accordance with EU rules.
B. This agreement shall be governed by the law of the principal place of business of the Designer.

A. This agreement shall be binding upon the Client and its successors and assigns and upon the Designer and its successors and assigns.

A. The Designer will strive to perform its services in accordance with generally accepted design practices. Notwithstanding the Designer's compliance with this standard of care, the Client can normally anticipate that some changes and adjustments in the project will be required in order to correct errors and omissions in the Designer's documents. Such changes will not be indicative of negligence on the part of the Designer.

A. Specifically omitted from this contract are all design and construction review services relating to the Contractor's safety precautions or to means, methods, techniques, sequences or procedures required for the Contractor to perform his work, but not relating to the final or completed structure.
B. Services made necessary by the default or termination of the contractor or construction manager, by defects or deficiencies in the work of a contractor, or by failure of performance by a contractor under a contract for construction are to be treated as additional services to the basic scope of work.
C. Nothing in this Agreement shall be construed to create, impose or give rise to any duty owed by Designer to any Contractor, subcontractor, supplier, or other person or entity, or to any surety for or employee of any of them, or give any rights in or benefits under this agreement to anyone other than Client and Designer.
D. There is no Client requirement that documents are produced by any specific means or methodology or that documents be submitted in a specific electronic format(s). At the Designer's discretion, drawings may be hand drawn, produced with Computer Aided Design technology or a combination as needed to execute the project.
E. This project is being designed and documented under applicable governing codes as of the date of this proposal. Those codes are assumed to be valid throughout the project. Changes to the design or project documents necessitated by revisions or changes to those codes will be considered additional services.

A. The Designer shall have access to the project site at all reasonable times when needeed and shall be permitted to photograph the project during construction and upon completion for its records and future use.

A. The Client agrees to limit the Designer's liability to the Client and to all contractors and subcontractors on the project, due to the Designer's negligent acts, errors, or omissions, such that the total aggregate liability of the Designer to all those named shall not exceed the amount paid to the Designer for Custom Change Services.

A. Use of the Plans
1. The plans are protected by EU and American Copyright Laws. Any use of the information contained herein beyond the one-time use authorized by a purchase of prints, or any duplication, publication, sale or distribution of any part of these plans without the prior written consent of the Original Designer represents a violation of Federal Laws subject to the prescribed penalties.

2. Any use of the plans, or modifications of the plans, by purchasers, builders or others is done at their own risk. Licensee should have the plans reviewed by a local professional architect or engineer before the start of construction. The information contained within the Construction Prints is to indicate design intent and basic construction detailing. It is the builder's responsibility to provide standard construction details and practices which will result in a structurally sound and weatherproof finished product.

B. Content of the Plans
1. The plans provided by the Designer do not include any electrical, plumbing, or air conditioning drawings due to the wide variety of local codes and climatic conditions. Licensee should have a local electrical engineer, mechanical engineer or builder provide these drawings as may be required for permits and construction. The foundation plan and associated details are provided as a basic guide for a typical foundation system. This typical foundation system is not site or location specific. Licensee should have a local architect or licensed engineer review these plans and provide a site-specific foundation design if found necessary. The plans provided by the Designer are not stamped or signed by an architect, designer, or engineer. Local building codes, laws, regulations, or departments may require the Designer's plans to be signed and stamp by an engineer and/or architect. Revisions to the plans required by local building department or codes are not included as part of the Custom Change Services defined by this contract. Plan revision services may be provided by the designer or by Mudbrix, but will be done at an additional fee.

2. These Plans provide ideas and concepts and are not intended to be complete in all respects and details. Variations in standard sizes of window and door brands and types and use of different materials and thicknesses can change details. Varying local codes, ordinances, regulations, foundation requirements, and the layout of electrical, mechanical, and plumbing systems can also change details.

C. Builder's Responsibility
1. It is the responsibility of the builder to assure that all work is in accordance with the latest edition of all applicable Nation, State, and Local Building Codes. It is the builder's responsibility to assure that all work is in accordance with the latest edition of all applicable Construction Standards.
2. It is the responsibility of the builder 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. Builders shall follow all instructions to sustain and preserve all expressed or implied warranties and guarantees.
3. It is the responsibility of the builder to assure that all materials, equipment and components are new and of good quality.
4. It is the responsibility of the builder to check all dimension and details for overall accuracy appropriate to the local conditions and the final selection of materials such as masonry, floor joists, lumber, structural members, construction panels, roofing, etc., all of which can create variations in dimension and details. For example, if standard lumber joists are used in place of engineered floor joists, the floor-to-floor dimension would vary from the Plans and require revised stair dimension and framing.

D. Disclaimer
1. Names of materials and manufacturers shown on the Plans do not represent an endorsement or recommendation by the Designer. Final selections of materials are the responsibility of the home Client and/or builder, including, but not limited to proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing and many other small items and details not necessarily indicated on the Plans, and over which the Designer has no control or responsibility. The Designer shall not be held liable for any errors, omissions, or deficiencies in any form by any party whatsoever.

This Contract represents the entire and integrated Contract between the Client and the Designer and supersedes all other agreements written and oral. This Contract may be amended only by written instrument signed by both Client and Designer.
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