The Client covenants and agrees to inform the Contractor of their inability to render payments to the Contractor of the balance due, or within ten (10) days following the Schedule of Payment:
The limited warranty is extended to the above-named Owner or Owners (referred to collectively as "Owner") while occupying the house as a resident during the above coverage period. The warranty period shall not be renewed or extended if the company performs correction work required by the Warranty. These warranties are extended to the current owner of the home and are automatically transferred to the new owner when the current owner sells the home. These warranties cannot be waived or modified by contract or otherwise, by either party. Any agreement which attempts to waive or modify the warranty shall be void.
Note to Owner:
All finished products go through a period of settlement and as the seasons change, periods of expansion or contraction will occur. As a result, the final product will experience minor material changes which are unavoidable and are considered normal. The Owner should also be aware that he/she is responsible for proper maintenance such as maintaining contractor grades around the house. Damage caused by homeowner negligence, improper maintenance or changes, alterations or additions performed by anyone other than the Contractor, his/her employees, or subcontractors directed by Contractor is excluded from the warranty.
It will be helpful to the Owner's maintenance program to keep a color chart of the different materials used on the home and a small supply of corresponding colored paint, stain, grout, etc. for easy touch-up.
Humble Creek Homes hereby warrants that the construction work performed at the above location is free from defects due to noncompliance with the Performance Standards referenced to and incorporated into this Limited Warranty for a period noted below from the date of substantial completion, date of commencement of use, or date of notice of completion, whichever occurs first.
Post Delivery Inspection - 30 Days after delivery/occupancy
Year Review Inspection - 1 year after delivery/occupancy
This limited warranty is subject to the following conditions:
The construction work has not been subject to misuse, abuse, accident, or neglect.
The construction work has not been modified, altered, defaced, worked on, or repaired in any way by others.
Under no circumstances shall the contractor be held liable by virtue of this warranty or otherwise, for damage to a person or property for whatever reason, whether direct, indirect, special, secondary, arising from the use or inability to use the property because of a construction defect.
Consequential damages are not covered by this Limited Warranty. (Some jurisdictions do not allow the exclusion or limitation of consequential damage so this exclusion or limitation may not apply to you.)
Loss or damage which arises while the home is being used primarily for non-residential purposes;
Failure of the contractor to complete the work;
Any condition which does not result in actual physical damage to the remodeled portion of the property including, but not limited to: unInhabitability or health risk due to the presence or consequence of unacceptable levels of radon gas, formaldehyde or other pollutants and contaminants: or the presence of hazardous or toxic on-site materials;
Bodily injury or damage to personal property.
Contractor assigns and passes through to Owner the Manufacturer's warranties on all "consumer products" . The following items are classified as "consumer- products" when sold as part of a house:
1. Heating and ventilation - Furnace, air conditioning, coils and compressor, humidifier, electronic air cleaner, heat pump, exhaust fan, thermostat.
2. Mechanical/ Electrical - intercom, central vacuum system, security system, fire and smoke alarm, fire extinguisher, garage door opener, door chimes, electric meter, gas meter, barbecue grill, light bulbs.
3. Plumbing - Water heater, water pump, water meter, sump pumps, water softener, whirlpool.
4. Appliances - Oven, surface unit, range, trash compactor, freezer, refrigerator, dishwasher, oven hood, disposal, ice maker, food center, clothes washer, clothes dryer, hot water dispensers.
THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY EXTENDED TO THE OWNER BY THE CONTRACTOR. ANY ITEM AND CONDITIONS NOT SPECIFICALLY COVERED BY THIS WARRANTY ARE EXCLUDED FROM COVERAGE AND ARE THE RESPONSIBILITY OF THE OWNER. IT IS EXPRESSLY UNDERSTOOD THAT THIS LIMITED WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND HABITABILITY IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY DAMAGES (CONSEQUENTIAL OR OTHERWISE) ARISING FROM ANY DEFECT IN ANY ITEM COVERED HEREUNDER.