IX. Definitions
BUILDER means the individual, partnership, corporation or other entity which participates in the Warranty Program administered by the Professional Warranty Service Corporation and provides YOU with this BUILDER'S LIMITED WARRANTY. Throughout this document the BUILDER is also referred to as 'WE", "US" and "OUR".
BUILDER'S LIMITED WARRANTY means only this express warranty document provided to YOU by US.
COMMON ELEMENTS means the structure, components of enclosure, and any part of the HOME, as specified in the condominium documents as a COMMON ELEMENT. This may include, but is not limited to, corridors, lobbies, vertical transportation elements, rooms, balconies or other spaces that are for the common use of the residents of the HOME. SYSTEMS serving two or more HOMES, and the outbuildings that contain parts of such SYSTEMS are also included in this definition.
CONSEQUENTIAL DAMAGES means a loss or injury other than the cost to correct a DEFICIENCY or DEFINED STRUCTURAL ELEMENT FAILURE. This definition includes, but is not limited to, costs of shelter, food, transportation, moving and storage, any other expenses related to inconvenience or relocation during repairs to the HOME. CONSEQUENTIAL DAMAGES also refers to diminished market value of the HOME.
CONSUMER PRODUCT means any item of equipment, appliance or other item defined as a CONSUMER PRODUCT in the Magnuson-Moss Warranty Act (15 U.S.C. 2301, et.seq.) Examples of Consumer Products include, but are not limited to, dishwasher, garbage disposal, gas or electric cooktop, range, range hood, refrigerator or refrigerator/freezer combination, gas oven, electric oven, microwave oven, trash compactor, garage door opener, clothes washer and dryer, hot water heater and thermostat.
DEFICIENCY(IES) means defects in materials or workmanship used in constructing the HOME. The defects must fail to conform with the standards and tolerances described in the STANDARDS OF PERFORMANCE section of this BUILDER'S LIMITED WARRANTY. OUR failure to complete the HOME or any portion of the HOME does not constitute a DEFICIENCY.
DEFINED STRUCTURAL ELEMENT FAILURE means that one or more of the structural elements identified below contains a flaw of such a magnitude that the warranty tolerance is exceeded. The only structural elements WE cover and their respective tolerances are as follows:
| DEFINED STRUCTURAL ELEMENT | WARRANTY TOLERANCE | ||
| A. | Arches | ||
| 1. Masonry | Crack of 1/4 inch in width in arch, or settlement in span of arch of 1/2 inch. | ||
| B. | Floor Systems | ||
| 1. Structural Concrete | Crack of 1/4 inch in width and 1/4 inch vertical displacement. | ||
| 2. Joists | DEFLECTION of 1 inch in 15 feet. | ||
| 3. Trusses | DEFLECTION of 1 inch in 10 feet. | ||
| C. | Foundation | ||
| 1. Concrete Beams | Crack of 1/8 inch in width, or DEFLECTION of 1/4 inch in 30 inches. | ||
| 2. Wood Beams: Built-up, Laminated or Solid | DEFLECTION of 1 inch in 10 feet. | ||
| 3. Steel Beams | DEFLECTION of 1/2 inch in 8 feet. | ||
| 4. Footings | Crack of 1/2 inch in width. | ||
| 5. Concrete Walls | Crack of 1/4 inch in width and 1/4 inch vertical displacement, or out-of-plumb 1/4 inch in 12 inches measured from base of wall. | ||
| 6. Masonry Walls | Crack of 3/8 inch in width, or out-of-plumb 1/4 inch in 12 inches measured from base of wall. | ||
| 7. Concrete Columns | Bow of 1/2 inch in 8 feet or out-of-plumb 1/4 inch in 12 inches measured from base of column. | ||
| 8. Masonry Columns | Out-of-plumb 1/8 inch in 12 inches measured from base of column. | ||
| 9. Steel Columns | Bow of 1 inch in 8 feet or out-of-plumb 1/4 inch in 12 inches measured from base of column. | ||
| 10. Wood Columns | Bow of 1 inch in 8 feet or out-of-plumb 1/4 inch in 12 inches measured from base of column. | ||
| D. | Lintels and Headers | ||
| 1. Concrete, Masonry, Steel, or Wood | DEFLECTION of 1 inch in 4 feet. | ||
| E. | Roof Framing | ||
| 1. Ridge Beam | DEFLECTION of 1 inch in 10 feet. | ||
| 2.Rafters Common, Jack, or Valley/HIP |
DEFLECTION or bow of 1 inch in 10 feet. | ||
| 3. Ceiling Joists | DEFLECTION of 3/4 inch in 10 feet. | ||
| 4. Trusses | DEFLECTION of 1 inch in 10 feet. | ||
| F. | Structural Beams and Girders | ||
| 1. Steel | DEFLECTION of 1/2 inch in 8 feet. | ||
| 2. Wood Solid, Built-up, or Laminated |
DEFLECTION of 1 inch in 10 feet. | ||
| G. | Structural Columns | ||
| 1, Concrete | Bow of 1/2 inch in 8 feet, or out-of-plumb 1/4 inch in 12 inches measured from base of column. | ||
| 2. Masonry | Out-of-plumb 1/8 inch in 12 inches measured from base of column. | ||
| 3. Steel | Bow of 1 inch in 8 feet, or out-of-plumb 1/4 inch in 12 inches measured from base of column. | ||
| 4. Wood | Bow of 1 inch in 8 feet, or out-of-plumb 1/4 inch in 12 inches measured from base of column. | ||
| H. | Load Bearing Walls and Partitions | ||
| 1. Studs | Bow or cup of 1 inch in 8 feet. | ||
DEFLECTION means the difference in elevation of high and low points along a diagonal, horizontal, or vertical plane caused by stress induced deformation of a load bearing member. DEFLECTION is measured from any two end points and a third reference point. The reference point may be located at any distance between the two end points.
EMERGENCY CONDITION means an event or situation that creates the imminent threat of damage to the HOME or the COMMON ELEMENTS related thereto, or results in an unsafe living condition due to DEFICIENCIES or DEFINED STRUCTURAL ELEMENT FAILURES that YOU become aware of at a point in time other than OUR normal business hours and YOU were unable to obtain OUR prior written approval to initiate repairs to stabilize the condition or prevent further damage.
HOME means a single family residence either attached or detached or a condominium or cooperative unit in a multi-unit residential structure covered by this BUILDER'S LIMITED WARRANTY. HOME does not include, without limitation, the following: detached garages, detached carports, outbuildings (except outbuildings that contain electrical, plumbing, heating, cooling or ventilation SYSTEMS used by the HOME); swimming pools and other recreational facilities, driveways, walkways, decks, patios, porch steps, stoops, boundary walls, retaining walls, bulkheads, fences, landscaping (including but not limited to sodding, seeding, shrubs, trees, plants), off-site improvements, or any other improvements that are not part of the HOME.
HOMEOWNER means the first person to whom a HOME (or unit in a multi-unit residential structure) is sold, or for whom such HOME is constructed, for occupancy by such person or such person's family, and such person's successors in title to the HOME and/or mortgagee in possession provided a Subsequent Home Buyer Acknowledgement and Assignment form (PWC Form 302) is signed by the subsequent HOMEOWNER.
POLLUTANTS means all solid, liquid, or gaseous irritants or contaminants. The term includes, but is not limited to, petroleum products, smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, radon gas, and waste materials, including materials to be recycled.
PWC means Professional Warranty Service Corporation which administers the warranty program in which WE participate. As such, PWC assumes no other liabilities in connection with this BUILDER'S LIMITED WARRANTY. The PWC mailing address is:
Professional Warranty Service Corporation
P.O. Box 800
Annandale, VA 22003-0800
STANDARDS OF PERFORMANCE means the standards and tolerances for materials and workmanship that are used in this BUILDER'S LIMITED WARRANTY to determine OUR responsibility for repairing DEFICIENCIES as identified in this document.
SYSTEMS means the following:
(a) Plumbing system - gas supply lines and fittings; water supply, waste and vent pipes and their fittings; septic tanks and their drain fields; and water, gas and sewer services piping and their extensions to the tie-in of a public utility connection or on-site well and sewage disposal system
(b) Electrical system - all wiring, electrical boxes, switches, outlets, and connections up to the public utility connection.
(c) Heating, Cooling, and Ventilation system - all duct-work; steam, water and refrigerant lines; and registers, connectors, radiation elements and dampers.
WARRANTY DATE-COMMON ELEMENTS means the Warranty Date for the first HOME to transfer title or be used for residential purposes in a multi-unit residential building. The WARRANTY DATE-COMMON ELEMENTS may be different from the WARRANTY DATE-HOME of YOUR HOME. Contact YOUR condominium association to determine the date when coverage began on your COMMON ELEMENTS.
WARRANTY DATE-HOME means the date the title for the HOME is transferred by US to the first HOMEOWNER or the date the HOME is first used for residential purposes, whichever occurs first.
WE, US, OUR means the BUILDER.
YOU, YOUR means the HOMEOWNER.