| “Contractor” |
MONTICELLO CUSTOM HOMES, L.P. and all subsidiaries, affiliates, officers, directors, and employees of MONTICELLO CUSTOM HOMES, L.P. whether present or past, and whether in their individual or their corporate capacities. |
| “Homeowner” |
Whether one or more means the person(s) listed on the Limited Warranty Enrollment Form and their successors in title. |
| “Parties” |
The parties to this Agreement (that is, Contractor and Homeowner) |
| “Home” |
The new Home constructed by Contractor which is referenced on the Limited Warranty Enrollment Form. |
| “Purchase Price” |
The purchase price of the Home as set forth in the Limited Enrollment Form. |
| “Commencement Date” |
The date of closing or date of first occupancy as shown on the Limited Warranty Enrollment Form. |
| “Appliances, Fixtures |
Includes but is not limited to: furnaces and fittings, air handling and Items of Equipment” equipment, exhaust fans, air conditioning equipment, water heaters, pumps, stoves, ovens, microwave ovens, ceiling fans, ice machines, security alarms, garbage disposals, trash compactors, dishwashers, automatic door openers, bathtubs, whirlpool tubs, sinks, toilets, faucets and fittings, central vacuum systems, lighting fixtures, speakers, and circuit breakers. |
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“Performance Guidelines” The locally applicable building codes in effect at the time the Home was permitted, the Residential Construction Performance Guidelines published by the National Association of Home Builders, the Supplemental Residential Performance Guidelines (set forth herein) and to the extent that specific standards do not exist for any matter in dispute, then the locally accepted building practices. |
B. LIMITED WARRANTY COVERAGE
Contractor warrants that the house and the lot will be constructed consistent with the Performance Guidelines. For a period of one year from the commencement date, should any condition in the Home or lot, vary from the above-referenced standards, Contractor shall repair that condition or alternatively, it may, in its sole discretion, pay Homeowner the reasonable cost of repair. This is not an insurance policy. It is a Limited Warranty from Contractor to Homeowner. The coverage afforded by Contractor in this Limited Warranty is not insured.
Where a claimed defect is filed that cannot be observed or determined under normal conditions, it is Homeowner’s responsibility to substantiate that the condition does exist. Any investigative cost shall be paid by Homeowner.
These warranties are expressly limited by the contents of the “Exclusions” section and may not be modified, revised, extended or supplemented except in writing signed by Homeowner and an authorized representative of Contractor. The warranties are as follows:
APPLIANCES
Contractor assigns to Homeowner all warranties for Appliances, Fixtures and Items of Equipment which are furnished by the manufacturers to Contractor. Contractor provides no warranty on those items. If it is necessary to request warranty service in such a case, Homeowner must make a request directly to the manufacturer or its representative. In the unlikely event that the manufacturer is not responsive to the request, Contractor may but is not obligated to assist Homeowner in attempting to obtain the necessary repairs or replacements from the manufacturer if the appliance or equipment is still in warranty.
COVERAGE FOR VARIANCE FROM PERFORMANCE GUIDELINES
First Year Coverage: Contractor warrants the Home and all components of the Home, not otherwise expressly limited in this warranty, to be free of defects in materials and workmanship in the original construction, as defined in the Performance Guidelines, for a period of one year after the Commencement Date.
“Appearance items” are those characteristics in the Home which can be seen, but have no functional, mechanical or structural value. Visual perception of these items vary from person to person. For example, variations in the wall texture may look appealing to one person and unappealing to another. Prior to taking ownership of the Home, you will be required to attend a “walk-through” of the Home with a representative of Contractor. If an appearance item looks unappealing to you, address it at the time of your walk-through. The Contractor representative will advise you if action will be taken to improve the appearance, and it will be noted on the walk-through checklist. Appearance items not noted on the walk-through checklist are not warranted.
“Cosmetic damage” includes but is not limited to chipped tubs, scratched countertops or windows, smudged paint, chips or dents in vinyl flooring, dents in walls, etc. Cosmetic damage caused by Homeowner or Homeowner’s invitees is not covered by this Limited Warranty. Unless the Homeowner notifies Contractor of a particular item of cosmetic damage at the time of the walk-through inspection, such cosmetic damage will be deemed to be an item of Homeowner damage, and will not be covered by Contractor.
Supplemental Residential Performance Guidelines (applicable during year One)
The following Guidelines supplement the provisions of the Residential Construction Performance Guidelines establishing additional standards by which it will be determined whether the concern you have with some component of your Home is covered by this Limited Warranty and is the obligation of Contractor to repair during the first year. To the extent of any conflict between these Supplemental Performance Guidelines and the Residential Construction Performance Guidelines, the Supplemental Guidelines shall control. Where specific standards and actions are not shown in the locally applicable building codes (in effect at the time the Home is permitted), the Residential Construction Performance Guidelines or these supplemental Guidelines, the standard shall be the locally accepted practice for workmanship and materials.
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