THIRTEEN YEAR WARRANTY FOR NEW HOMES ALABAMA

Transcription

THIRTEEN YEAR WARRANTY FOR NEW HOMESALABAMARESIDENTIAL WARRANTY COMPANY, LLCSAMPLEWarranty ConfirmationYour Warranty consists of your Limited Warranty book and yourWarranty Confirmation. Please go to confirm.rwcwarranty.comto obtain your Warranty Confirmation within 60 days of yourclosing. You do not have a warranty without the Warranty Confirmation. If you do not have access to the Internet, please contactthe plan Administrator to obtain your Limited Warranty book andWarranty Confirmation.SAMPLE WARRANTYThe RWC Limited Warranty displayed in this book is a SAMPLEonly. The RWC Limited Warranty applicable to your home maydiffer from the one displayed here. You must consult yourvalidated RWC Limited Warranty book for the terms of coveragethat apply to your home.THIS LIMITED WARRANTY IS PROVIDED IN LIEU OF ALL OTHER EXPRESS OR IMPLIEDWARRANTIES. TO THE EXTENT PERMITTED BY LAW, THE PURCHASER OF THIS HOMEAND ALL SUBSEQUENT PURCHASERS HEREBY WAIVE ALL OTHER EXPRESS ANDIMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY THAT THEHOME HAS BEEN BUILT IN A FIT AND WORKMANLIKE MANNER, THE WARRANTY OFFITNESS, AND THE WARRANTY OF HABITABILITY. THOSE WARRANTIES HAVE BEENREPLACED BY THIS EXPRESS, INSURANCE BACKED WARRANTY.For your Limited Warranty to be in effect, you should receive the following documentation:Limited Warranty #3101 Application For Warranty form #316 (Refer to Section V.C. for applicability) Warranty ConfirmationInsurer: Western Pacific Mutual Insurance Company, A Risk Retention GroupWPMIC #3102 Rev. 9/14 2001 Harrisburg, PA

contentsSection I.The Limited Warranty.1 - 4A. Introduction.1B. What your Limited Warranty Covers.1C. Responsibilities, Limitations, and Conditions.1 - 2D. What your Limited Warranty Does NOT Cover.2 - 4ELDear Home Buyer,Section II.Congratulations on the purchase of your new Home. Thisis probably one of the largest, most important investments you’ve ever made and we wish you many yearsof enjoyment. You’ve chosen a Home built by a leadingBuilder which includes the RWC Limited Warranty, assurance that your investment is well protected. This bookexplains the Limited Warranty in its entirety, and we encourage you to take time to READ IT CAREFULLY.Warranty Standards.5 - 18A1. Foundations.5 - 6Basement, Crawl Space, and Slab on GradeA2. Framing.7Ceiling, Floor, Roof, and WallA3. Exterior. 8 - 11Structurally Attached Wood or CompositeDecks, Doors, Roofing, Sitework, StructurallyAttached Stoop, Porch, Patio, Wall Covering,and WindowsA4. Interior.11 - 13Doors, Walls, Ceilings, Surfaces, Finishesand Trim, and Floor CoveringA5. Mechanical. 14 - 15Electrical, Heating and Cooling, andPlumbingA6. Specialties. 15 - 16Bathroom and Kitchen, Chimney andFireplace, and InsulationB. 13 Year DSE Coverage. 17 - 18PMThis Limited Warranty provides you with protectionin accordance with this warranty book for thirteen fullyears of Home ownership. During the first year, 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. Your Warranty also includes a thirteen year Designated StructuralElement protection as defined in this book.ASThis is not a warranty service contract, but a writtenthirteen 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, LLCSection III.Requesting Warranty Performance. 19 - 21A. Notice to Warrantor.19B. How to Notify the Administrator.19C. Mediation and Inspection.20D. Arbitration.20 - 21E. Conditions of Warranty Performance.21Section IV.Provisions that Apply to Warranty.22Section V.Definitions. 23 - 24RESIDENTIAL WARRANTY COMPANY, LLCpage iResidential Warranty Company, LLC 5300 Derry Street, Harrisburg, PA 17111 717.561.4480WPMIC #3102 Rev. 9/14 2001 Harrisburg, PA

SECTION I.THE LIMITED WARRANTY1.2.3.This book explains what this Limited Warranty onyour Home covers, what it does not cover, how itworks, and other details, conditions and limitationsthat apply. Some of the important terms containedin this Limited Warranty are defined in SectionV. When reading this Limited Warranty, you willrecognize the terms that are defined, because thesewords are in plain bold print, like this. Read thisdocument in its entirety, including its definitions, tounderstand the protection it provides, the exclusionsthat apply, your responsibilities, how the Warrantyis interpreted, and how it operates. If you have questions, you may call RWC at (717) 561-4480.This Limited Warranty will automatically transfer to a new Owner if you sell your Home duringthe thirteen (13) year term of the Limited Warranty, except in the case of a foreclosure that voidsthe warranty as provided in Section I.A.3.This Limited Warranty becomes void and all obligations on the part of Warrantor cease as of thedate an Owner vacates the Home due to foreclosure proceedings.1.ASBeginning on the Effective Date of Warranty,your Home is warranted as follows:a. During Year One: Your Builder warrants that,for a period of one (1) year, Warranted Itemswill function and operate as described in theWarranty Standards of Year One described inSection II.b. During Years One through Thirteen: Designated Structural Elements (DSEs) are warrantedfor thirteen (13) years from the Effective Dateof Warranty. The Insurer is the Warrantor forDesignated Structural Elements.page 1WPMIC #3102 Rev. 9/14 2001 Harrisburg, PAPYou are responsible for regular maintenance ofyour Home and surrounding areas. General andpreventative maintenance is required to prolongyour Home's life.You must establish a written, final walk-throughinspection list of items in need of service prior tooccupancy or closing, whichever is first. This listmust be signed and dated by you and your Builder.Keep a copy for your records.There are no warranties that extend beyond thedescription contained in this Limited Warranty.To the extent permitted by law, all such otherwarranties, expressed or implied, including, butnot limited to, implied warranties of fitness, merchantability, and habitability are hereby waived.You must obtain written authorization from theAdministrator prior to incurring expenses. Costsincurred for unauthorized repairs to WarrantedItems are not reimbursable.It is anticipated that your Builder will assign toyou all manufacturers’ warranties on productsincluded in the Final Sales Price of your Home.Neither the Insurer nor the Administrator will beliable for your Builder’s failure to do so. Appliances and similar products and Equipment are notcovered by this Limited Warranty.The Warrantor will repair, replace, or pay thereasonable cost of repair or replacement of Defects. In the case of a warranted Defect in a DSE,the Warrantor’s obligation is limited to actions asare necessary to stabilize the load-bearing elementor to restore its load-bearing capability. The aggregate cost to the Warrantor under this LimitedWarranty shall not exceed the lesser of: the FinalSales Price of the Home as listed on the Application For Warranty form or as otherwise providedto the Administrator by the Builder at the timeM2.3.4.5.B. WHAT YOUR LIMITED WARRANTYCOVERS1.ELC. RESPONSIBILITIES, LIMITATIONS, ANDCONDITIONSA. INTRODUCTION6.

THE LIMITED WARRANTY7.8.9.b.c.the Limited Warranty is validated, OR 100,000.The Warrantor in all cases shall choose whetherto repair, replace, or make payment.Actions taken to cure Defects will NOT extendthe periods of coverage provided in this LimitedWarranty.If your Builder fails to complete any part of theHome that is reasonably foreseeable to cause damage to a Designated Structural Element, then itis your responsibility to complete such parts of theHome to avoid such damage. If you fail to complete the work, then any resulting damage is notcovered under this Limited Warranty. The warranty period for any item completed after the Effective Date of Warranty shall be deemed to havecommenced on the Effective Date of Warranty.The Warrantor is not responsible for matchingcolor, texture, or finish where materials must bereplaced or repaired.D. WHAT YOUR LIMITED WARRANTY DOESNOT COVERd.e.f.ASUse of the Home for non-residential purposes.Any condition which is covered by any other insurance or for which compensation is granted byLegislation.Flood, surface water, waves, tidal water, sprayfrom a body of water (whether or not drivenby wind), water that backs up from sewers ordrains, changes in the water table which werenot reasonably foreseeable, water below the surface of the ground (including water which exertspressure or seeps or leaks through a building,sidewalk, driveway, foundation, swimming poolor other structure), wetlands, springs or aquifers.Deterioration due to normal wear and tear.Material or work supplied by anyone other thanyour Builder or your Builder's employees,agents or subcontractors.Failure to routinely and properly maintain yourHome and the property on which your Home islocated, including failure to provide proper androutine ventilation.After year one, Structurally Attached decks,balconies, patios, porches, stoops, porch roofsand porticos.After year one, elements of the Home which areconstructed in a way that is separate from foundation walls or other structural elements of theHome like, but not limited to, chimneys and concrete floors of basements and attached garages.The grading of the property surrounding yourHome by anyone other than your Builder or yourBuilder’s employees, agents or subcontractors.Erosion.ELPMThis Limited Warranty does NOT cover:1. a. Loss, damage or injury to land, persons (including but not limited to mental anguish), animals,personal property, and improvements or structures, other than Warranted Items in the Home.b. Loss or damage to any item listed as an additionalexclusion on the Application for Warranty form.2. Loss or damage which, directly or indirectly, results from or is made worse by the following:a. Insects, birds, vermin, rodents, or wild or domestic animals.SECTION I.g.h.i.j.k.page 2WPMIC #3102 Rev. 9/14WPMICRev. 9/14 2001#3102Harrisburg,PA 2001 Harrisburg, PA

SECTION I.THE LIMITED WARRANTYAny modification or addition to the Home, orthe property under or around the Home, madeafter the Effective Date of Warranty (other thanchanges made in order to meet the obligations ofthis Limited Warranty).m. Water in crawlspaces.n. The weight of a water bed or any other type offurnishing or Equipment that exceeds the loadbearing design of the Home.o. The presence of radon, formaldehyde, carcinogenic substances or other pollutants and contaminants, or the presence of hazardous or toxicmaterials within the Home.p. Acts or omissions by you, your agents, employees, licensees, or invitees; accidents, riots, civilcommotion, nuclear hazards, acts of God or nature, fire, explosion, blasting, smoke, drought,water escape, windstorms, tropical storms, hurricanes, hail, lightning, ice, snow, falling trees,aircraft, vehicles, flood, mudslides, sinkholes,mine subsidence, faults, crevices, earthquake,land shock waves or tremors occurring before,during or after a volcanic eruption, or manmadeevents such as war, terrorism, or vandalism.q. Your failure to minimize or prevent loss or damage in a timely manner.page 3ELPMASWPMIC #3102 Rev. 9/14 2001 Harrisburg, PAImprovements not part of the Home itself, including, but not limited to: recreational facilities; driveways; walkways; patios, porches andstoops not Structurally Attached to the Home;decks and balconies which are not bolted to orcantilevered from the Home; boundary and/orretaining walls; bulkheads; fences; landscaping, sodding, seeding, shrubs, trees and plantings; subsurface drainage systems (other thanfooter drains); lawn sprinkler systems; off siteimprovements, including streets, sidewalks,adjacent property and the like; garages or outbuildings (except those which contain a Heating, Ventilating, and Cooling System, Plumbing System or Electrical System serving theHome, and then only to the extent that thesesystems are affected). A detached garage or outbuilding is one that is constructed on its ownfoundation separate and apart from the foundation of the Home. A breezeway, fence, utilityline or similar union between the Home and agarage or out building does not cause it to beconsidered attached.s. Negligent operation of the Home or its systemsby anyone other than your Builder, its agents,employees or subcontractors.t. The Water Supply System, private or public,including volume and pressure of water flow andquality and potability of water.u. The Sewage Disposal System, private or public,including design.v. A swimming pool whether located within or outside the Home.3. Your Builder’s failure to complete constructionof the Home, or any portion of it, on or before theEffective Date of Warranty, or damages arisingfrom such failure. An incomplete item is not considered a Defect. (Your Builder, however, may beobligated to complete such items under separateagreements between you and your Builder.)4. A deficiency which does not result in actual physical damage or loss to the Home.5. Consequential Damages.6. Violation of applicable building codes or ordinances, unless such violation results in a Defect whichis otherwise covered under this Limited Warranty. Under such circumstances, the obligation ofthe Warrantor under this Limited Warranty shallbe only to repair the Defect, but not necessarily torestore or bring the Home into compliance with thecodes or ordinances.7. A Defect that is a subject of a request for warrantyperformance submitted to the Administrator afteran unreasonable delay or later than the time stipulated in Section III.A. NOTICE TO WARRANTOR.r.l.

THE LIMITED WARRANTYSECTION I.17. Improvements not part of the Home itself, including, but not limited to: recreational facilities; driveways; walkways; patios, porches and stoops notStructurally Attached to the Home; decks andbalconies which are not bolted to or cantileveredfrom the Home; boundary and/or retaining walls;bulkheads; fences; landscaping, sodding, seeding,shrubs, trees and plantings; subsurface drainagesystems (other than footer drains); lawn sprinklersystems; off site improvements, including streets,sidewalks, adjacent property and the like; garages8.9.10.11.12.13.14.15.16.A Defect that you repair without prior written authorization of the Administrator.The removal and/or replacement of items notcovered by this Limited Warranty, like landscaping or personal property, and items not originallyinstalled by your Builder, like wallpaper, whereremoval and replacement are required to repair aDefect.Wiring, wires and cables that connect the Home tocommunication services like telephone, television,intercom, computer and security systems.The Water Supply System, including volume andpressure of water flow.The Sewage Disposal System, including design.Any Defect consisting of, caused by, contributedto, or aggravated by moisture, dampness, condensation, wet or dry rot, mold, mildew, fungus, rustor heat build-up, regardless of the originating causeof any moisture or water penetration that leads to theDefect.Sound transmission and sound proofing.Appliances and Equipment in your Home. TheAppliances and Equipment in your Home may becovered by warranties issued by the manufacturersor suppliers, and your Builder should pass thesewarranties on to you at closing. Damage caused byimproper maintenance or operation, negligence, orimproper service of these items by you or your agentwill not be covered under this Limited Warranty.After year one, elements of the Home which areconstructed separate from foundation walls orother structural elements of the Home like, but notlimited to, chimneys and concrete floors of basements and attached garages.PMASELor out buildings (except those which contain aHeating, Ventilating, and Cooling System, Plumbing System or Electrical System serving the Home,and then only to the extent that these systems areaffected). A detached garage or out building is onethat is constructed on its own foundation separateand apart from the foundation of the Home. Abreezeway, fence, utility line or similar union between the Home and a garage or out building doesnot cause it to be considered attached.18. A swimming pool whether located within or outside the Home.19. Any item not listed as a Warranted Item in thisLimited Warranty. The enumeration of the Exclusions above is not intended to be exhaustiveof the items that are not covered by this LimitedWarranty.20. Modifications or additions to the Home, or property under or around the Home, made after theEffective Date of Warranty (other than changesmade in order to meet the obligations of the LimitedWarranty).page 4WPMIC #3102 Rev. 9/14 2001 Harrisburg, PA

SECTION II.WARRANTY STANDARDSA. YEAR 1 COVERAGE ONLYThe following Warranty Standards are applicable only to Warranted Items stated in Section I of thisLimited Warranty. Read Section I to determine if the following Warranty Standards apply.1. FOUNDATIONSOBSERVATIONBASEMENTACTION REQUIREDCOMMENTS1.1 Cracks appear in controljoints.No action required.The expansion/contraction joint isplaced to control cracking. This is not adeficiency.1.2 Uneven concrete floors infinished areas of a basement.Builder will correct those areasin which Defect exceeds 3/8 in.within a 32 in. measurement.1.3 Cracks in poured concretefoundation walls.Builder will correct any crackwhich exceeds 1/4 in. in width.1.4 Cracks in block or veneerwall.Builder will correct crackswhich exceed 1/4 in. in width.MASpage 5WPMIC #3102 Rev. 9/14 2001 Harrisburg, PAPELIn rooms not initially finished as livingareas or where a floor or a portion ofa floor surface has been designed forspecific drainage purposes, a slope whichexceeds 3/8 in. within a 32 in. measurement is not a deficiency.Shrinkage cracks are common and shouldbe expected. Surface patching and epoxyinjections are examples of acceptablerepair methods.Some cracks are common throughmasonry and mortar joints. Cracks 1/4in. or less are considered routine Ownermaintenance.A one-time occurrence may not indicatea Defect. Owner must maintain propergrading around the Home and maintainany surface water control systemsinstalled by Builder. Dampness and condensation are normal conditions and arenot covered by this Limited Warranty.1.5 Leaks resulting in actualflow or trickling of waterthrough wall or floor,causing an accumulation.Builder will correct.1.6 Disintegration of theconcrete floor surface.Builder will correct disintegrated surfaces caused by improperplacement of concrete.Disintegration caused by erosion due tosalt, chemicals, implements used andother factors beyond Builder’s control isnot a warranted deficiency.1.7 Cracks in concrete floorwhich rupture or

Warranty Confirmation. Please go to confirm.rwcwarranty.com to obtain your Warranty Confirmation within 60 days of your closing. You do not have a warranty without the Warranty Con-firmation. If you do not have access to the Internet, please contact the plan Administrator to obt