Builder's Limited Warranty

Administered by Professional Warranty Service Corporation

To the Home Buyer

Approximately 6 weeks after closing, you should receive a Builder's Limited Warranty Coverage Validation Form and the BUILDER'S LIMITED WARRANTY from the warranty program administrator. If you have not received these items by that time, first contact the BUILDER to verify that the application and fees were sent to the administrator. You do not have a valid warranty without the issuance of a Builder's Limited Warranty Coverage Validation Form and BUILDER'S LIMITED WARRANTY.

 

NOTICE: THIS IS A PARTIAL REPRODUCTION of the "BUILDER'S LIMITED WARRANTY". ACTUAL COVERAGE OF YOUR HOME WILL BE DETERMINED BY THE ACTUAL COPY OF THE "BUILDER'S LIMITED WARRANTY" ASSIGNED TO YOU VIA MAIL AFTER SETTLEMENT.

 

Enclosed with this BUILDER'S LIMITED WARRANTY is a Builder's Limited Warranty Coverage Validation Form. The Builder's Limited Warranty Coverage Validation Form provides the dates on which the specific warranty coverage periods begin and expire. It is important that this form is retained with the BUILDER'S LIMITED WARRANTY.

This BUILDER'S LIMITED WARRANTY does not cover CONSEQUENTIAL DAMAGES or incidental damages. Liability under this BUILDER'S LIMITED WARRANTY is limited to the amount shown on the Builder's Limited Warranty Coverage Validation Form.

WE make no housing merchant implied warranty of habitability or any other warranties, express or implied, in connection with the sales contract or the warranted HOME, and all such warranties are excluded, except as expressly provided in this BUILDER'S LIMITED WARRANTY. There are no warranties which extend beyond the face of this BUILDER'S LIMITED WARRANTY.

Some States prohibit the exclusion or limitation of CONSEQUENTIAL DAMAGES or incidental damages by the BUILDER, so all the limitations or exclusions may not apply to YOU.

I. Coverage Limit

The amount shown on the Builder's Limited Warranty Coverage Validation Form is OUR limit of liability. It is the most WE will pay or expend for all covered DEFICIENCIES or DEFINED STRUCTURAL ELEMENT FAILURES regardless of the number of claims made during the warranty period. Once OUR limit of liability has been paid, no further claims can be made against this BUILDER'S LIMITED WARRANTY.

II. Warranty Coverage

Coverage under this BUILDER'S LIMITED WARRANTY changes over the course of the ten year term. Section A refers to coverage provided during the first year; Section B refers to coverage provided during the second year; and Section C refers to coverage provided during the third through tenth year.

 
Section A Coverage

Beginning on the WARRANTY DATE-HOME and WARRANTY DATE-COMMON ELEMENTS, WE warrant for one year that the construction of YOUR HOME (including COMMON ELEMENTS related thereto) will conform to the STANDARDS OF PERFORMANCE for first year coverage and warranty tolerances for DEFINED STRUCTAL ELEMENT FAILURE(S). Coverage under Section A expires one year after the WARRANTY DATE-HOME and/or WARRANTY DATE-COMMON ELEMENTS. To be eligible for coverage WE must receive written notice of the DEFICIENCY or DEFINED STRUCTURAL ELEMENT FAILURE within thirty (30) days after the expiration date of the coverage.

 
Section B Coverage

During the second year following the WARRANTY DATE-HOME  or WARRANTY DATE-COMMON ELEMENTS, WE warrant that SYSTEMS (including the COMMON ELEMENTS related thereto) will conform to the STANDARDS OF PERFORMANCE for second year coverage and warranty tolerances for DEFINED STRUCTURAL ELEMENT FAILURES(S). Coverage under Section B expires two years after the WARRANTY DATE-HOME or WARRANTY DATE-COMMON ELEMENTS. To be eligible for coverage WE must receive written notice of the SYSTEMS DEFICIENCY or DEFINED STRUCTURAL ELEMENT FAILURE within thirty (30) days after the expiration date of the coverage.

 
Section C Coverage

During the third through tenth years following the WARRANTY DATE-HOME  or WARRANTY DATE-COMMON ELEMENTS, WE warrant the construction of YOUR HOME (including COMMEN ELEMENTS related thereto) will conform to the warranty tolerances for DEFINED STRUCTURAL ELEMENT FAILURE(S). Coverage under Section C expires 10 years after the WARRANTY DATE-HOME  or WARRANTY DATE-COMMON ELEMENTS. To be eligible for coverage WE must receive written notice of the DEFINED STRUCTURAL ELEMENT FAILURE within thirty (30) days after the expiration date of the coverage.

 

III. OUR Coverage Obligations

All notices of DEFICIENCIES, DEFINED STRUCTURAL ELEMENT FAILURES, and complaints under this BUILDER'S LIMITED WARRANTY must be made by YOU in writing. Telephonic or face-to-face discussion will not protect YOUR rights under this BUILDER'S LIMITED WARRANTY.

WE will have been considered to have breached this BUILDER'S LIMITED WARRANTY only if WE fail to correct a DEFICIENCY or DEFINED STRUCTURAL ELEMENT FAILURE in accordance with the terms and conditions of this BUILDER'S LIMITED WARRANTY.

 
DEFICIENCIES

In the event a DEFICIENCY occurs during the applicable coverage period, WE will, upon receiving written notice from YOU, test or inspect the DEFICIENCY to confirm coverage for the DEFICIENCY within a reasonable time after WE receive YOUR notice. Upon confirmation of a DEFICIENCY, WE, OUR insurer, or another third party designated by US will repair, replace or pay YOU the actual cost of repairing or replacing the DEFICIENCY. The decision to repair, replace or to make payment to YOU is at OUR or OUR insurer's sole option.

 
DEFINED STRUCTURAL ELEMENT FAILURE

In the event a DEFINED STRUCTURAL ELEMENT FAILURE occurs during the applicable coverage period, WE, OUR insurer or another third party designated by US will, upon receiving written notice from YOU, test or inspect the DEFINED STRUCTURAL ELEMENT FAILURE within a reasonable time after We receive YOUR notice. Upon confirmation of a DEFINED STRUCTURAL ELEMENT FAILURE, WE, OUR insurer, or another third party designated by US will repair, replace or pay YOU the actual cost of repairing or replacing the DEFINED STRUCTURAL ELEMENT FAILURE. The decision to repair, replace or to make payment to YOU is at OUR or OUR insurer's sole option.

 

IV. Coverage Limitations

When WE repair a DEFICIENCY or DEFINED STRUCTURAL ELEMENT FAILURE, the repair will include the correction or replacement of only those surfaces, finishes and coverings that were damaged by the DEFICIENCY or DEFINED STRUCTURAL ELEMENT FAILURE that were part of the HOME when title was first transferred by US.

WE will repair or replace surfaces, finishes and coverings that require removal or replacement in order for US to repair or replace DEFICIENCIES or DEFINED STRUCTURAL ELEMENT FAILURE(S). The extent of OUR repair and replacement of these surfaces, finishes or coverings will be to approximately the same condition they were in prior to the DEFICIENCY or DEFINED STRUCTURAL ELEMENT FAILURE, but not necessarily to a like new condition.

WE will only refinish those surfaces that were damaged by a DEFICIENCY or DEFINED STRUCTURAL ELEMENT FAILURE.

When WE undertake repair on surfaces, finishes and coverings, OUR repair will attempt to achieve as close a match with the original surrounding areas as is reasonably possible, but WE cannot guarantee an exact match due to such factors as fading, aging and unavailability of the same materials.

 

V. Exclusions

  1. This BUILDER'S LIMITED WARRANTY does not cover:
    1. Any DEFICIENCIES or DEFINED STRUCTURAL ELEMENT FAILURE(S) resulting, either directly or indirectly, from the following causes or occurring in the following situations:
      1. Fire;
      2. Lightning;
      3. Acts of God;
      4. Explosion;
      5. Riot and Civil Commotion;
      6. Smoke;
      7. Hail;
      8. Aircraft;
      9. Falling Objects;
      10. Vehicles;
      11. Floods;
      12. Wind Driven Water;
      13. Earth Movement including but not limited to:
        1. Earthquake, landslide or mudslide;
        2. Mine subsidence, sinkholes or changes in the underground water table not reasonably foreseeable at the time of construction;
        3. Volcanic eruption; explosion or effusion;
      14. Wind including but not limited to:
        1. Gale force winds;
        2. Hurricanes;
        3. Tropical storms;
        4. Tornadoes;
      15. Insects, animals or vermin;
      16. Rot, moisture, corrosion, rust or mildew;
      17. Changes of the grading of the ground by anyone other than US or OUR agents, or subcontractors;
      18. Changes, additions or alterations made to the HOME by anyone after the WARRANTY DATE-HOME  or WARRANTY DATE-COMMON ELEMENTS, except those made or authorized by US:
      19. Any defect in material or workmanship supplied by anyone other than US or OUR agents, or subcontractors;
      20. Improper maintenance, negligence or improper use of the HOME by YOU or anyone else;
      21. Dampness or condensation due to YOUR failure to provide adequate ventilation;
      22. Abnormal loading on floors which exceed design loads;
    2. Any costs arising from, or any DEFICIENCIES or DEFINED STRUCTURAL ELEMENT FAILURE(S) resulting from the actual, alleged or threatened discharge, dispersal, release or escape of POLLUTANTS. WE will not cover costs or expenses arising from the uninhabitability or health risk due to the proximity of POLLUTANTS. WE will not cover costs, or expenses resulting from the direction of any governmental entity to test, clean-up, remove, treat, contain or monitor POLLUTANTS;
    3. Any costs arising from, or any DEFICIENCIES or DEFINED STRUCTURAL ELEMENT FAILURE(S) resulting from the effects of electromagnetic fields (EMF"s) or radiation;
    4. Any damage to personal property;
    5. Any CONSEQUENTIAL DAMAGES;
    6. Any damage to CONSUMER PRODUCTS;
    7. Any DEFICIENCIES or DEFINED STRUCTURAL ELEMENT FAILURES:
      1. that YOU become aware of after the HOME is not being used primarily as as residence;
      2. which YOU have not taken timely and reasonable steps to protect and minimize damage after WE have provided YOU with written authorization to prevent further damage;
    8. Any DEFICIENCY or DEFINED STRUCTURAL ELEMENT FAILURE that is covered by any other express warranty or insurance coverage YOU may have; and
    9. Any non-conformity with local building codes, regulations or requirements that has not resulted in a DEFICIENCY or DEFINED STRUCTURAL ELEMENT FAILURE. While WE acknowledged OUR responsibility to build in accordance with applicable building codes, this BUILDER'S LIMITED WARRANTY does not cover building code violations in the absence of a DEFICIENCY or DEFINED STRUCTURAL ELEMENT FAILURE. In such instance, YOUR recourse is under the building code and other applicable laws and not under this BUILDER'S LIMITED WARRANTY. This exclusion in no way mitigates or relieves US of OUR obligation to build in accordance with applicable building codes.
  2. OUR BUILDER'S LIMITED WARRANTY does not cover any loss or damage as a result of any DEFICIENCY or DEFINED STRUCTURAL ELEMENT FAILURE which would not have occurred in the absence of one or more of the events or conditions listed in Exclusions, Section A.1, A.2 or A.3 above. OUR BUILDER'S LIMITED WARRANTY does not cover any such loss or damage regardless of:
    1. the cause of the excluded event or condition; or
    2. other causes of the loss or damage; or
    3. whether other causes acted concurrently or in any sequence with the excluded event or condition to produce the loss or damage.

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