Terms and conditions
Purchasing one of our Pocket-Sized Homes is a contract having the following terms and conditions.
Pocket-Sized Homes generally meet code. As codes vary from location to location and are periodically modified, we cannot guarantee our plans will meet every condition. Our plans do generally meet the following Codes.
| 2021 IRC | 2023 NEC | 2021 IMC | 2021 NSPC | 2021 IECC |
Construction shall be performed by experienced licensed contractors unless the owner has sufficient knowledge, experience, and the proper tools, equipment, and safety devices necessary to perform the various construction tasks required to build one of our homes.
Purchasing one of our Pocket-Sized Home Plans is a Single-Use License Agreement. The Single-Use License Agreement grants the purchaser the right to construct one home per plan set purchased. Plans may not be transferred or sold.
The estimates provided in the Material Lists are just that, estimates and may not reflect the actual amounts of materials needed to construct the home. The purchaser of our plans is responsible for the actual amounts of materials used.
The schedule of construction tasks is a guideline meant to help organize the construction tasks. The purchaser of our plans is responsible for their own scheduling.
Dispute Resolution
Via
The American Arbitration Association
If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Construction Industry Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Binghamton New York The arbitration shall be governed by the laws of the State of New York Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The arbitrators may determine how the costs and expenses of the arbitration shall be allocated between the parties, but they shall not award attorneys’ fees. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. Notwithstanding any language to the contrary in the contract documents, the parties hereby agree: that the Underlying Award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.