<p> LIMITED WARRANTY</p><p>This Limited Warranty (“Limited Warranty”) is issued by (company name), a Corporation owned and operated in accordance with the laws of the Commonwealth of (state) (“Contractor”) to: ______and ______(collectively, the “Owner”) on this _____ day of ______, 200_ (“Effective Date”) for work performed at ______(Jobsite Address). </p><p>Note to Owner: All residential construction goes through a period of settlement and as the seasons change, periods of expansion or contraction will occur. As a result, the home will experience minor material changes which are unavoidable and are considered normal. The Owner should also be aware that the Owner is responsible for proper home maintenance. Damage caused by the Owner’s negligence, improper maintenance or changes, alterations or additions performed by anyone other than the Contractor or the Contractor’s agents, employees or subcontractors directed by the Contractor, is excluded from this Limited Warranty. </p><p>WITNESSETH Warranty: ANY INJURY TO PERSONS OR DAMAGES TO PERSONAL REAL PROPERTY, IN WHOLE OR IN PART, WHICH MAY BE A CONSEQUENCE OF, OR INCIDENT TO OR RESULT FROM ANY DEFECTS IN MATERIALS OR PERFORMANCE OF THE MATERIALS IS EXCLUDED. This Limited Warranty is extended to the Owner, while occupying the dwelling named above as a residence during the coverage period. This Limited Warranty is extended to the Owner only and is not transferable to subsequent owners of the dwelling named above.</p><p>Term: The term of the various coverage’s of this Limited Warranty shall begin on the Effective Date and shall terminate thirty-six (36) months after the Effective Date unless otherwise stated herein.</p><p>Manufacture’s Warranty: The Contractor assigns and passes through to the Owner, the manufacturers’ warranties on all “Consumer Products” as defined in the Magnuson-Moss Warranty Act (15 U.S.C. SECTIONS 2301 – 2311). The Magnuson-Moss Warranty Act applies to written warranties on tangible personal property which is normally used for personal, family or household purposes. Merchantability, fitness and all other implied warranties, with respect to such goods, shall be governed by the Magnuson-Moss Warranty Act and other applicable state statutes. The following items are classified as Consumer Products when sold as part of a house and are covered by the Magnuson-Moss Warranty Act: (a) heating and ventilation – furnace, air conditioning, coils and compressor, humidifier, electronic air cleaner, heat pump, exhaust fan, or thermostat (b) mechanical/electrical – intercom, central vacuum system, security system, fire and smoke alarm, fire extinguisher, garage door opener, door chimes, electrical meter, gas meter, barbecue grill, light bulbs (c) plumbing – water heater, water pump, water meter, sump pumps, water softener, whirlpool (d) appliances – oven, surface unit, range, trash compactor, freezer, refrigerator, dishwasher, oven hood, disposal, ice maker, food center, clothes washer, clothes dryer, hot water dispensers</p><p>Exclusions to Which This Limited Warranty Does Not Apply: (a) any appliances, equipment, or other item within the residence which is considered a Consumer Product as defined under the manufacturer’s warranty for that item (b) loss or damage resulting from abnormal loading on floors by the Owner, which exceeds the design criteria as mandated by the locally adopted building codes (c) warp age or shrinkage of materials (d) normal wear and tear, normal deterioration, or normal changes which are the result of characteristics common to materials; including all paint or staining to exterior materials. (e) loss or damage of any items of personal property resulting from defective workmanship, including without limitation, any cracks, chips, dents, stains, or marks on cabinets, plumbing fixtures, electrical fixtures, mirrors, glass, appliances, micas, vinyl, ceramic, painted or stained surfaces, doors, wood, or carpeting, which are covered by a homeowners or other contents policy of insurance. Such items not covered by a policy of insurance shall be covered by this warranty only to the extent of the actual damage and cost to repair, so long as such damage or loss was reported to the contractor in writing within 30 days of the final payment by the homeowner under the contract. glass breakage (e) defects in or settlement of foundation or other structural systems except to the extent that such foundations systems have not been constructed by Contractor in accordance with the engineered drawings and specifications (f) presence of, or any damage from insects, birds or rodents (g) cosmetic discrepancies (h) damage to real or personal property which was not included in the scope of the work performed by the Contractor (i) loss of use, loss of opportunity, loss of market value, loss of rental value, or any other similar consequential loss (j) defects in materials or workmanship supplied by anyone other than the Contractor or the Contractor’s agents, employees or subcontractors (k) any defect or condition which does not result in actual physical damage to the residence (l) loss or damage resulting from failure of the Contractor to complete the construction, or to complete the construction in a timely manner (m) damage due to the abuse or neglect of the Owner or the Owner’s failure to provide for proper maintenance (n) cost of shelter, transportation, food, moving, storage or other expenses associated with or related to any defect, or the repair or replacement of any defects in workmanship, materials or design (o) loss or damage which arises while the residence is being used primarily for nonresident purposes, or loss or damage caused by the residence being used for nonresidential purposes (p) personal or bodily injury of any kind (including physical or mental pain and suffering and emotional distress),medical, hospital, rehabilitation or other incidental or consequential expenses (q) loss or damage which the Owner has not taken appropriate, prompt action to minimize (r) violations of local or national building codes, ordinances or standards (s) any damage to the extent that it is caused or made worse by: i) external causes, including but not limited to acts of God, riot or civil commotion, windstorm, fire, explosion, smoke, water, hail, lightening, falling trees or other objects, aircraft, vehicles, flood, mud slides, earthquakes, volcanic eruption, natural or introduced gases, abuse or use of the residence, or any part thereof, beyond the reasonable use of such, or by any other external cause ii) changes in the level of the underground water table which were not reasonably foreseeable at the time of the construction iii) damage or condensation due to the failure of the Owner to maintain adequate ventilation, or iv) subsidence or soil movement which was not reasonably predictable through soil testing at the time of construction v) any damage or defects caused by soil movement for which compensation is provided by legislation or which is covered by insurance or public funds to the extent of such compensation is paid for by other such providers</p><p>Claims Procedure: Upon detecting the existence of a defect, the Owner shall follow the procedures set forth below:</p><p>(a) If the defect is covered by the Contractor’s Limited Warranty, written notice with a thorough and complete explanation of the defect shall be sent to the Contractor at the following address: (company name and full address) or at the following fax number: (company fax number). Only emergency reports will be taken over the telephone. The Owner shall give the Contractor the opportunity to inspect the claimed defect prior to the commencement of any repair or restoration work. </p><p>(b) If the defect is covered under the manufacturer’s warranty, the Owner shall follow the instructions provided with such warranty. In the absence of a written manufacturer’s warranty, the Owner shall contact the Contractor in writing at the address noted above to obtain information and assistance in filing a claim with the manufacturer. </p><p>Contractor Performance: The Contractor reserves the right to repair, replace or pay reasonable sums in order to affect those repairs to any deficiencies caused by the Contractor’s performance of the Work. The choice among repair, replacement or payment is for the Contractor to decide. Actions taken by the Contractor to correct the defect shall not extend any term of this Limited Warranty. Corrective work shall be performed by the Contractor only during normal working hours, 8:00 a.m. to 4:00 p.m. on Monday through Friday. No corrective work shall be performed on Saturday, Sunday or Contractor-observed holidays. </p><p>Settlement of Controversies: Controversies or claims arising out of or relating to any provision of this Limited Warranty, or any breach or alleged breach of the Limited Warranty, shall be settled by binding arbitration or litigation filed in the appropriate District or Superior Court of the Commonwealth of (state), at the election of the Contractor, unless the Contractor and the Owner mutually agree otherwise in writing. The laws of the Commonwealth of (state) shall apply to any and all such disputes. The prevailing party shall be entitled to any reasonable attorney’s fees, court costs, filing fees, court costs, or other legal or expert fees incurred to bring about such arbitration or litigation, in addition to any other recovery obtained in any litigation, arbitration or other legal action.</p><p>THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY EXTENDED TO THE OWNER BY THE CONTRACTOR, ANY ITEMS AND CONDITIONS NOT SPECIFICALLY COVERED BY THIS LIMITED WARRANTY ARE EXCLUDED FROM COVERAGE AND ARE THE RESPONSIBILITY OF THE OWNER. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THIS LIMITED WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND HABITABILITY. IN NO EVENT SHALL THE CONTRACTOR BE LIABLE FOR ANY DAMAGES (CONSEQUENTIAL OR OTHERWISE) ARISING FROM ANY DEFECT IN ANY ITEM COVERED HEREUNDER. THIS LIMITED WARRANTY GIVES THE OWNER SPECIFIC LEGAL RIGHTS AND IT IS IMPORTANT THAT THE OWNER KNOW HIS/HER RIGHTS AND DUTIES UNDER THE LAW. </p><p>(Company name):</p><p>______(name), President Date</p>