THE LIMITED WARRANTY

Transcription

THE LIMITED WARRANTY10 YEAR WRITTEN WARRANTY FOR NEW HOMES10 Year New Home WarrantiesThis Limited Warranty does not cover consequential or incidental damages. The Warrantor’s total aggregate liabilityof this Limited Warranty is limited to the Final Sales Price listed on the Application For Warranty form.The Builder makes no housing merchant implied warranty or any other warranties, express or implied, in connectionwith the attached sales contract or the warranted Home, and all such warranties are excluded, except as expresslyprovided in this Limited Warranty. There are no warranties which extend beyond the face of this Limited Warranty.Some states do not allow the exclusion or limitation of incidental or consequential damages by the Builder so all ofthe limitations or exclusions of this Limited Warranty may not apply to you.Warranty ConfirmationYour validated Warranty consists of your Application forWarranty, the Limited Warranty book, and your WarrantyConfirmation. You can confirm your warranty has beenvalidated by RWC, and obtain your Warranty Confirmation,AFTER 60 days from your closing at confirm.rwcwarranty.com. If you do not have access to the Internet, pleasecontact RWC to obtain your Limited Warranty book andWarranty Confirmation.For your Limited Warranty to be in effect, you should receive the following documentation:Limited Warranty #319 Application For Warranty form #316 (Refer to I.B.3. for applicability) Warranty ConfirmationInsurer: Western Pacific Mutual Insurance Company, A Risk Retention GroupWPMIC #319 Rev. 8/19 1996 Harrisburg, PA

RESIDENTIAL WARRANTY COMPANY, LLCDear Home Buyer,Congratulations on the purchase of your new Home.This is probably one of the largest, most importantinvestments you’ve ever made and we wish you manyyears of enjoyment. You’ve chosen a Home built bya leading Builder which includes the RWC LimitedWarranty, assurance that your investment is well protected. This book explains the Limited Warranty in itsentirety, and we encourage you to take time to READIT CAREFULLY.TABLE OF CONTENTSSection I.Definitions.1Section II. The Limited Warranty.3Section III. Warranty Standards.8Section IV. Requesting Warranty Performance.21This Limited Warranty provides you with protection inaccordance with this warranty book for ten full yearsof Home ownership. During the first two years, yourBuilder is responsible for specified warranty obligations. In the unlikely event your Builder is unable orunwilling to perform, the Warranty is provided subjectto the conditions, terms and exclusions listed. Forthe remaining eight years, your Warranty applies toMajor Structural Defects as defined in this book.Section V. Addenda.24A. Newark, DelawareB. State of New YorkC. State of IndianaD. Maryland AddendumThis is not a warranty service contract, but a writtenten year limited warranty which your Builder haselected to provide with your Home.Take time now to read this book. Familiarize yourselfwith the Warranty and its limitations. Contact yourBuilder regarding specific construction standards andhow they apply to your Home.Again, congratulations and enjoy your new Home!Very truly yours,Residential Warranty Company, LLCpage iWPMIC #319 Rev. 8/19 1996 Harrisburg, PAResidential Warranty Company, LLC5300 Derry Street, Harrisburg, PA 17111717-561-4480

DEFINITIONSA. IntroductionTo help you better understand your Limited Warranty, refer to the following list of definitionswhich apply in this book.B. Definitions1.2.3.4.5.6.7.AdministratorResidential Warranty Company, LLC(RWC) is the Administrator of this LimitedWarranty. RWC is neither Warrantor norInsurer.Appliances and Items of Equipment, including Attachments and AppurtenancesWater heaters, pumps, stoves, refrigerators,compactors, garbage disposals, ranges,dishwashers, washers and dryers, bathtubs,sinks, commodes, faucets, light fixtures,switches, outlets, thermostats, furnacesand oil tanks, humidifiers, oil purifiers, airconditioning materials, in-house sprinklersystems and similar items.Application For WarrantyThe form signed at closing by you, the Purchaser, and your Builder which identifies thelocation, the Effective Date Of Warranty andthe Final Sales Price of the enrolled Home.If the Builder is participating in the RWCelectronic enrollment process, the Application for Warranty form is eliminated. Thisinformation will be included on your Warranty Confirmation.ArbitratorThe person appointed by the independentarbitration service to resolve an UnresolvedWarranty Issue.BuilderThe person, corporation, partnership orother entity which participates in the RWCLimited Warranty Program and has obtained this Limited Warranty for you.Consequential DamagesAll consequential damages including, butnot limited to, damage to the Home thatis caused by a warranted Defect but is notitself a warranted Defect and costs of shelter, transportation, food, moving, storage orother incidental expenses related to relocation during repairs.Cooling, Ventilating and Heating SystemsAll ductwork, refrigerant lines, steamand water pipes, registers, convectors anddampers.8.DefectA condition of any item warranted by thisLimited Warranty which exceeds the allowable tolerance specified in this LimitedWarranty. Failure to complete constructionof the Home or any portion of the Home, inwhole or in part, is not considered a Defect.9. Effective Date Of WarrantyThe date coverage begins as specifiedon the Application for Warranty form oron your Warranty Confirmation if yourBuilder is participating in the electronicenrollment process.10. Electrical SystemsAll wiring, electrical boxes and connections up to the house side of the meter base.SECTIONI.11. HomeThe single family dwelling, identified onthe Application For Warranty form, whichmay be a townhome, condominium or duplex.12. InsurerWestern Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC),located at 9265 Madras Ct, Littleton, CO80130, phone: 303-263-0311. (Refer toSection IV. for instructions on requestingwarranty performance.)13. Limited WarrantyThe terms and conditions contained in thisbook including any applicable addenda.page 1WPMIC #319 Rev. 8/19 1996 Harrisburg, PA

DEFINITIONSSECTIONI.page 2WPMIC #319 Rev. 8/19 1996 Harrisburg, PA14. Major Structural Defects (MSD)All of the following conditions must be metto constitute a Major Structural Defect:a. actual physical damage to one or moreof the following specified load-bearingcomponents of the Home;b. causing the failure of the specific majorstructural components; andc. which affects its load-bearing functionto the degree that it materially affectsthe physical safety of the occupants ofthe Home.Load-bearing components of the Homedeemed to have MSD potential:(1) roof framing members(rafters and trusses);(2) floor framing members(joists and trusses);(3) bearing walls;(4) columns;(5) lintels (other than lintelssupporting veneers);(6) girders;(7) load-bearing beams; and(8) foundation systems and footings.Examples of non-load-bearing elementsdeemed not to have Major Structural Defectpotential:(1) non-load-bearing partitions andwalls;(2) wall tile or paper, etc.;(3) plaster, laths or drywall;(4) flooring and subflooring material;(5) brick, stucco, stone, veneer, orexterior wall sheathing;(6) any type of exterior siding;(7) roof shingles, sheathing and tarpaper;(8) Heating, Cooling, Ventilating,Plumbing, Electrical andmechanical systems;(9) Appliances, fixtures or Items ofEquipment(10) doors, windows, trim, cabinets,hardware, insulation, paint andstains; and(11) drainage Systems located within oroutside the Home.15. OwnerSee Purchaser.16. Plumbing SystemsAll pipes located within the Home and theirfittings, including gas supply lines and ventpipes.17. PurchaserYou. The Purchaser includes the first buyerof the warranted Home and any and all subsequent Owners who take title within thewarranty period.18. ResidenceSee Home.19. Sewage Disposal System (Private or Public)This system includes, but is not limited to,all waste, drainage, sewer pipes and lines,cleanouts, tanks, pumps, drainfields andseepage pits, outside and beyond the exterior wall of the Home.20. Structurally AttachedAn integral part of the Home being structurally supported by footings, block walls orreinforced concrete and connected to thefoundation of the Home.21. Unresolved Warranty IssueAll requests for warranty performance,demands, disputes, controversies and differences that may arise between the partiesto this Limited Warranty that cannot beresolved among the parties. An UnresolvedWarranty Issue may be a disagreement regarding:a. the coverages in this Limited Warranty;b. an action performed or to be performedby any party pursuant to this LimitedWarranty;c. the cost to repair or replace any itemcovered by this Limited Warranty.22. WarrantorYour Builder in Years 1 and 2; the Insurer inYears 3 through 10 and in Years 1 and 2 ifyour Builder defaults.23. Warranty ConfirmationThe document you obtain by going toconfirm.rwcwarranty.com (or by contactingRWC if you do not have access to theInternet). It includes your ValidationNumber, Effective Date of Warranty, Termof Coverage, and any applicable Addenda.24. Water Supply System (Private or Public)This system includes, but is not limited to,all supply and distribution pipes, fittings,valves, pumps and wells, outside the exterior wall of the Home, which supply waterto the Home.

THE LIMITED WARRANTYA. Introduction to the LimitedWarranty1.2.3.4.5.6.7.This book provides specific details, conditions and limitations of the Limited Warrantyincluding procedures for requesting warrantyperformance and for binding arbitration, inaccordance with the procedures of the FederalArbitration Act. Additional information maybe received by calling RWC at 717-561-4480.Read this document in its entirety to understand the protection it affords, the exclusionsapplicable to it, the Warranty Standards whichdetermine its interpretations and operationand your responsibilities.This is NOT an insurance policy, a maintenance agreement or a service contract. It is anexplanation of what you, the Purchaser, canexpect from this Limited Warranty.Appliances and Equipment included in theHome are not warranted under this Limited Warranty, but may be covered by separatewarranties provided by the manufacturer orsupplier. These warranties are passed on toyou by your Builder at closing and are separate from this Limited Warranty.You are responsible for maintenance of yournew Home. General and preventative maintenance are required to prolong the life of yournew Home.This Limited Warranty is automaticallytransferred to subsequent Owners during theten-year term of this Limited Warranty, exceptin the case of a foreclosure that voids the warranty as provided in Section II.A.6.This Limited Warranty becomes void and allobligations on the part of Warrantor cease asof the date an Owner vacates the Home due toforeclosure proceedings.This Limited Warranty is subject to changesrequired by various regulating bodies andsome local agencies as indicated in the Addenda Section V of the Limited Warrantybook. Notations throughout indicate wherethe Addenda apply.3.4.2.SECTIONII.C. Warranty Coverage1.2.3.B. The Limited Warranty1.The Warrantor has the choice to repair, replaceor pay the reasonable cost to repair or replacewarranted items which do not meet WarrantyStandards and are not excluded in the LimitedWarranty.If a warranted MSD occurs during the appropriate coverage period, and is reported asrequired in Section IV., the Warrantor willrepair, replace or pay you the reasonable costto repair or replace the warranted MSD, limitedto actions necessary to restore the MSD to itsload-bearing capacity.Actions taken to cure Defects will NOTextend the periods of specified coverages inthis Limited Warranty.Only warranted elements which are specifically designated in the Warranty Standards arecovered by this Limited Warranty.4.ONE YEAR COVERAGE: Your Builderwarrants that for a period of one (1) year afterthe Effective Date Of Warranty, warranteditems will function and operate as presentedin the Warranty Standards of Year 1, SectionIII.A. Coverage is ONLY available where specific Standards and Actions are represented inthis Limited Warranty.TWO YEAR COVERAGE: Your Builderwarrants that for a period of two (2) yearsfrom the Effective Date Of Warranty, specifiedportions of the Heating, Cooling, Ventilating,Electrical and Plumbing Systems, as defined inthis Limited Warranty, will function and operate as presented in the Warranty Standards ofYears 1 and 2 only, Section III.B.‡TEN YEAR COVERAGE: Major StructuralDefects (MSD) are warranted for ten (10) yearsfrom the Effective Date Of Warranty.Your Builder is the Warrantor during Years 1and 2 of this Limited Warranty and the Insureris the Warrantor in Years 3 through 10.CONDOMINIUM COVERAGE: ThisLimited Warranty shall only apply towarranted common elements. Warrantedcommon elements are those portions of thedefined Electrical, Heating, Ventilating,Cooling, Plumbing and structural SystemsHomeowners in Indiana, refer to State of Indiana Addendum, Section V.C.‡page 3WPMIC #319 Rev. 8/19 1996 Harrisburg, PA

THE LIMITED WARRANTYwhich serve two (2) or more residentialunits, and are contained wholly within aresidential structure. Warranty coverage forcommon elements shall be for the sameperiods and to the same extent as similar orcomparable items in individual residentialunits. Examples of common elements whichare covered by this Limited Warranty arehallways, meeting rooms and other spaceswholly within the residential structure designated for the use of two (2) or more units.Examples of common elements which arenot covered under this Limited Warrantyare club houses, recreational buildings andfacilities, exterior structures, exterior walkways, decks, balconies, arches or any othernon-residential structure which is part of thecondominium.SECTIONII.D. Conditions1.2.3.4.page 4WPMIC #319 Rev. 8/19 1996 Harrisburg, PAThis Limited Warranty provides coverage onlyin excess of coverage provided by other warranties or insurance, whether collectible or not.This Limited Warranty is binding on theBuilder and you and your heirs, executors, administrators, successors and assigns.This Limited Warranty shall be interpreted andenforced in accordance with the laws of thestate in which the Home is located.This Limited Warranty is separate and apartfrom your contract and/or other sales agreements with your Builder. It cannot be affected,altered or amended in any way by any otheragreement which you may have.5.This Limited Warranty cannot be modified,altered or amended in any way except by aformal written instrument signed by you, yourBuilder and the Administrator.6. If any provision of this Limited Warranty isdetermined by a court of competent jurisdictionto be unenforceable, that determination will notaffect the validity of the remaining provisions.7. All notices required under this Limited Warranty must be in writing and sent by email orcertified mail, return receipt requested. If yousend your written notice by email, your writtennotice must be sent to warranty.resolution@rwcwarranty.com. The written notice will not beconsidered received without a valid confirmation of receipt number. If you do not receive aconfirmation of receipt number within 48 hoursof emailing your written notice, contact RWCby calling 717-561-4480 and request to speakwith the Warranty Resolution Department'sCustomer Service. If sending your written notice by certified mail, return receipt requested,it must be postage prepaid, to the recipient'saddress shown on the Application for Warrantyform, or to whatever address the recipient maydesignate in writing.8. If actions by the Warrantor on any obligationsunder this Limited Warranty are delayed byan event beyond its control, such performancewill be excused until the delaying effects ofthe event are remedied. Such events include,but are not limited to, acts of God, acts of thecommon enemy, war, riot, civil commotion orsovereign conduct, or acts or omissions by youor any other person not a party of this LimitedWarranty.9. If your Builder fails to complete any part of theHome that is reasonably foreseeable to causedamage to the Home, then it is your responsibility to complete such parts of the Home to avoidthe damage. If you fail to complete the work,then any resulting damage is not covered underthis Limited Warranty. The warranty period forany item completed after the Effective Date ofWarranty shall be deemed to have commencedon the Effective Date of Warranty.10. Costs incurred for unauthorized repairs towarranted items are not reimbursable. Writtenauthorization prior to incurring expenses mustbe obtained from the Administrator.

THE LIMITED WARRANTY11. Whenever appropriate, the use of one genderincludes all genders and the use of the singular includes the plural.f.g.h.12. Under this Limited Warranty, the Warrantor isnot responsible for exact color, texture or finish matches in situations where materials arereplaced or repaired, or for areas repainted orwhen original materials are discontinued.13. Your Builder must assign to you all manufacturers’ warranties on products included in theFinal Sales Price of your Home. Neither theInsurer nor the Administrator shall be liablefor your Builder’s failure to do so.14. You are responsible for establishing a written,final walk-through inspection list of items inneed of service prior to occupancy or closing,whichever is first. This list must be signed anddated by you and your Builder. Keep a copyfor your records.i.j.k.E. ExclusionsThe following are NOT covered under this Limited Warranty:1. Loss or damage:a. to land.b. to the Home, persons or property directlyor indirectly caused by insects, birds,vermin, rodents, or wild or domestic animals.c. which arises while the Home is used primarily for non-residential purposes.d. which is covered by any other insuranceor for which compensation is granted bylegislation.e. resulting directly or indirectly from flood,surface water, waves, tidal water, overflow of a body of water, or spray fromany of these (whether or not driven bywind), water which backs up from sewers or drains, changes in the water tablel.which were not reasonably foreseeable,water below the surface of the ground(including water which exerts pressure onor seeps or leaks through a building, sidewalk, driveway, foundation, swimmingpool, or other structure), wetlands, springsor aquifers.from normal deterioration or wear and tear.caused by material or work supplied byanyone other than your Builder or its employees, agents or subcontractors.from your or the condominium association’s failure to perform routinemaintenance on the Home, commonareas, common elements or your or thecondominium association’s grounds.after Year 1, to, resulting from, or madeworse by all components of structurallyattached decks, balconies, patios, porches,stoops, porch roofs and porticos.after Year 1, to, resulting from, or madeworse by elements of the Home whichare constructed separate from foundationwalls or other structural elements of theHome such as, but not limited to, chimneys and concrete floors of basements andattached garages.to wiring, to and between communication devices from the source of power,whether or not connected to the interiorwiring system of the Home. Such devicesshall include, but not be limited to, telephone systems, television cable systems,intercom systems, computer systems andsecurity systems. Sources of power shallinclude, but not be limited to, serviceentrance conductors, switches, outlets,receptacles and junction boxes.to, or caused by, recreational facilities;driveways; walkways; patios, porches andstoops not structurally attached; decks andbalconies which are not bolted to or cantilevered fr

confirm.rwcwarranty.com (or by contacting RWC if you do not have access to the Internet). It includes your Validation Number, Effective Date of Warranty, Term of Coverage, and any applicable Addenda. 24. Water Supply System (Private or Public) This system includes, but is not