|
C. ANDERSON HOMES & DEVELOPMENT INC.
HOMEOWNER LIMITED WARRANTY
C. Anderson Homes & Development, Inc. constructs single family homes both speculative and custom from the $250,000.00 to the $5,000,000.00 range in price. The Company is comprised of one sole owner, Chris Anderson, who is responsible for the Land Development, Architectural Design and Construction of our Homes. We, honestly strive to do the best job we can with the best interest of the homeowner in mind. We have a reputation for high quality and attention to details. We will try our best to offer the homeowner the highest quality material and value. The warranty is intended to express the limitations that we must perform to and to emphasize the need for the homeowner to take a part of the maintenance in the home.
WALKTHROUGHS Seller will do a walkthrough prior to closing and agree to any deficiencies prior to closing. Mutually agreed upon deficiencies will be corrected as soon as possible and completed prior to closing if possible (non-withstanding material shortages weather, etc.). The Seller will have sixty (60) days after closing to complete agreed upon deficiencies if said items cannot be completed before closing. The timing is at the sole discretion of the Seller. Items in need of correction will in no circumstance delay the closing. In general, the walkthrough is intended to accomplish the following:
On your final walkthrough the Seller will explain maintenance items not covered by the warranty. Some of the most common items are caulking. We caulk windows, siding, and vinyl floor to tub areas. Caulking shrinks with time. This is a maintenance item that must be checked and repaired by the homeowner at least twice a year. Settling cracks are also a maintenance item. Because of wood shrinkage, small hairline cracks will appear at the corners of windows and around doorframes and other areas. The homeowner can easily repair them. When we touch up paint, the paint may not be an exact match even though it is the same original color. We are responsible only for the repair and not paint match.
After an agreed upon list is compiled the Buyer will be requested to initial the list.
WARRANTY
PERIOD Seller warrants that all workmanship and materials furnished under this agreement will be free from defects which appear for a period of one-year from the date of closing. We assign and pass through to the homeowner manufacture's warranties on all appliances and other manufactured items furnished with the home, and we do not warrant, expressly or implied, any of these appliances or items ourselves. This warranty applies only to the original homeowner and shall not apply to their transferees and assigns. The Seller has the right to repair or reimburse the Buyer for the item and the choice is at the sole discretion of the Seller. The work will be performed by the Seller or by a subcontractor of the Sellers choice.
CLAIM NOTIFICATION If your home has items in need of repair, which is covered by this Limited Warranty, promptly notify the Seller in writing prior to the expiration of the applicable warranty period.
C. Anderson Homes & Development, Inc. 1400 West Washington Street, Suite 104-178, Sequim, WA 98382 INSPECTIONS Seller represents and warrants to the Buyer that the Home shall be constructed in substantial conformance with existing governmental authority or agency having jurisdiction over the construction of the home. The County and the State of Washington perform the following inspections. There are some variations of these inspections within various Counties but in general they are similar: Footings, foundations, sheer walls, under floor, plumbing, gas piping, electrical, framing, insulation, drywall, downspout drains, water service and final inspection for code compliance on safety issues. These inspections are made timely for your protection as well as ours. The inspectors are well qualified and trained. We hope that you feel confident in the process of construction that the Seller is conforming to local building codes.
SPECIFIC WARRANTY ITEMS The following items are covered within the one-year warranty period: Structural Components Seller warrants that it will correct structural defects caused by defective workmanship or materials, which result in actual damage to the home such that it is not safe and for the purpose for which it was constructed. Roofs Seller warrants that the roof, roof flashing, gutters and downspouts, if included, will be free from leaks except where such defects are caused by damage or negligence by others and acts or natural disasters beyond the control of the Seller. Thus the warranty is void in the event the Homeowner or their agents use the roof for any activity or attach any superstructure or appurtenance to the roof. Plumbing Seller warrants the plumbing to be free from defective workmanship or materials except when caused by the Homeowner or their agents. Homeowner supplied fixtures are not warranted. Electrical System Seller warrants the electrical system, excluding light bulbs, except where a failure in the system is caused by improper use or alteration by the Homeowner or their agents.
Seller warrants that the heating system (and air conditioning systems if included in the purchase of the home) has been installed in accordance with good heating practices. The limited warranty does not include the system or many of its parts which become defective through faulty operation, lack of routine maintenance or by alteration by the Homeowner or their agents. It shall be the Homeowner's responsibility to cause the performance of all maintenance functions, such as replacing filters, which are explained in the instructions supplied by the equipment manufacture. The operations of the furnace units themselves, which are not covered by this limited warranty, are covered by the manufacture's warranty, a copy of which has been supplied to the Homeowner.
The lot has been graded to drain water away from your home. Grading has been carefully engineered to standards that have been established by local governmental agencies to insure proper drainage. Failure to maintain established drainage could result in damage to your home, your lot and neighboring property. Any alteration of the drainage plan for your lot voids you Limited Warranty for all affected appurtenances. The necessary grades and swales have been established to insure proper drainage away from the home. Standing or ponding water shall not remain for extended periods in the area after a rain (generally, not more than 24 hours), except that in swales which drain other areas, or in areas where sump pumps discharge, a longer period can be anticipated. The possibility of standing water after an unusually heavy rainfall should be anticipated. No grading determination shall be made while the ground is saturated. The Seller is responsible only for initially establishing the proper grades and swales. The Homeowner is responsible for maintaining such grades and swales. Concrete, Masonry and Stucco Garage slabs, walks, driveway, steps and other masonry will develop cracks or flaking due to the characteristics of expansion and contraction as the temperature changes. It will be the responsibility of the Seller to repair only those cracks, which are of such magnitude so as to substantially interrupt the plane of the surface or significantly reduce its structural value. Non-Warranted
Items Except as otherwise provided herein, this limited warranty does not include the following: Settling and Drying Minor cracks and nail pops or sticking doors when caused by normal settlement, expansion and contraction of materials that may occur in the drywall except those cracks which are greater than one-eighth in thickness. Wood Color Variations Stained woods used in cabinets, siding, paneling, ceilings, doors, windows and other such millwork will exhibit variations in wood grain and color. These are inherent characteristics, which cannot be controlled and are excluded from the Warranty. Cosmetic Defects All hard surface cosmetic defects, drywall imperfections, are not covered under this Limited Warranty unless noted on the Homeowner Walkthrough list. Drainage and Landscaping The Buyer must notify the Seller of any dead or dying plants or any landscaping defects at the time of the Walk Through. Except for any corrections undertaken as a consequence of the agreed upon Walk Through list, the Seller specifically and unconditionally disclaims all express or implied warranties with regard to all aspects of the home's landscaping. These include but are not limited to the irrigation system. Yard drainage system, structural or non-structural fill and rockeries. It also includes the lawn, sod, topsoil, trees, shrubs, natural vegetation, native trees and other plantings and the suitability or adequacy of installation of plantings. Minor erosion of the yard areas can be expected and are the responsibility of the Homeowner to correct. Ground settlement around the foundation, in utility trenches and other backfilled areas is warranted if in excess of 6" in depth. Subterranean water or any resulting damages us not warranted. GENERAL EXCLUSIONS This Limited Warranty does not apply to defects caused by normal wear and tear or those resulting from acts or natural disasters beyond the control of the Seller. These includes but are not limited to flooding, earthquakes and fire, and shall not extend to defects in-or caused by-anything not built into or installed in the Home by the Seller, its employees or agents. No steps taken by the Seller to correct defects shall act to extend the term of the Limited Warranty beyond the original Warranty period. The Limited Warranty shall be void pertaining to any item altered by anyone other than the Seller. The Seller shall have the option of selecting the materials and methods used in correcting the defect. This Limited Warranty shall be void with regard to defects resulting from the negligence of the Homeowner, or their agents, or their failure to keep and maintain the Home in good repair and condition at all times during the applicable Limited Warranty period. Seller assumes no responsibility during the Limited Warranty period for damage or loss caused by bird, pest or insect infestation. This warranty shall be void with regard to any defects occurring in the Home if the Homeowner uses the home as any other than a single-family residence. In the unlikely event of a dispute, the Buyer and Seller agree to contract an independent professional firm experienced in resolving residential disputes. Each party shall pay one-half of the fees. _______________________________ __________________ Buyer Date _______________________________ __________________ Buyer Date _______________________________ __________________ Builder Date C. Anderson Homes & Development, Inc. |
