Limited Home Warranty Agreement
The Limited Warranty specifies limits for responsibility and conditions under which it is valid or applicable. Our Employees, Sales Associates, Trade Contractors, Vendors, or other agents are not authorized to make any warranty representation other than this one, nor can they extend or in any way alter this warranty. This Limited Warranty gives you specific legal rights and you may also have other legal rights, which vary, from state to state. Some states do not allow the exclusion or limitation of incidental or consequential damages or even a limitation on how long an implied warranty lasts, and therefore, the limitations and exclusions contained herein may not apply to you.
Our employees, sales associates, trade contractors, vendors, or other
agents are not authorized to make any warranty representation other
than those contained in this guide.
This section of your Guide is an expressed warranty, which means that it gives the details of coverage for specific items, the warranty period, any limitations and/or exceptions, and, lastly, how to make warrantee claims. It consists of several warranties on specific parts of your new Residence and it shows how long each warranty remains in effect, who is responsible and how warranty claims are to be processed.
Who Is Covered
This Limited Warranty covers the original Purchaser during the life of the warranty period. General Warranty Information
The coverage of this Limited Warranty begins on the date you close escrow. That date is referred to in this Limited Warranty as the “Closing.” With the exceptions stated in this section, the coverage of this Limited Warranty ends ONE YEAR after the Closing. Implied warranties, whether of merchantability or fitness for a particular purpose or habitability or otherwise, if they exist, will last only as long as the term of the specific warranty periods set forth below. Work done to correct defects or workmanship does not extend warranty coverage beyond the specified warranty period.
Exceptions to Limited Warranty When Purchasing A Model Home:
When buying a display model home, Purchaser understands that although the home has not been a residence, there is a certain amount of wear and/or use that prevents Builder from warranting the property as a new home. Purchaser accepts “as is” all options and features including flooring, wall treatments, landscaping, sprinkler system, concrete driveways, walks and patios, drywall, and stucco. However, the compressor and water heater may be covered under a specific manufacturer’s warranty. Any remaining warranty offered through the appropriate manufacturer will be extended to the Purchaser. Warranty coverage ends automatically when each warranty period expires.
1. One Year Warranty
For a period of one (1) year beginning on the Closing (“Warranty Period”), Builder warrants to Purchaser, and only Purchaser, that:
b). The Residence will be free from defects in the installation of the plumbing, heating, cooling, and electrical systems resulting in non-compliance with the applicable plumbing, mechanical, or electrical code in effect at the time the Residence was constructed; provided, however, that this warranty does not apply to defects in an appliance, fixture, or item of equipment.
c). The Residence will be free from major structural damage. 2. Consumer Products Excluded
Any appliance, item, or equipment, or other item in the Residence which is a “consumer product” for the purposes of the Magnuson-Moss Warranty Act (15 U.S.C. 2301 through 2312) is hereby excluded from the coverage of this Limited Warranty. The following are examples of “consumer products”, although other items in the Residence may also be consumer products:
a). Air Conditioning, Barbecue Grill, Dishwasher b). Central Vacuum, Doorbell Chimes, Exhaust Fan, c). Fire Alarm, Fire Extinguisher, Furnace
d). Garbage Disposal, Gas Meter, Heat Pump e). Ice Maker, Landscaping, Refrigerator
f). Oven & Range Hood, Smoke Detector, Thermostat g). Swimming Pool, Trash Compactor, Water Heater h). Water Meter, Water Softener, Whirlpool Bath i). Electric Meter, Washer/Dryer, Intercomm j). Security System, Garage Door Opener.
Note: Your Residence may not contain all of these items.
3. Assignment of Manufacturer’s Warranties
Builder hereby assigns to Purchaser the Manufacturer’s warranties on all appliances, equipment, and “consumer products” installed in the Residence. A copy of all of these warranties has been delivered to Purchaser, and Purchaser hereby acknowledges receipt of same. Purchaser should follow the procedure set forth in the applicable warranty if a defect appears in any appliance, item of equipment, or other consumer product.
4. Other Exclusions From Coverage
In addition to the exclusions from warranty coverage for consumer products, Builder’s obligations under this Limited Warranty shall NOT apply or extend to, and Builder assumes no responsibility for, loss or damage to the Residence or the real property on which it is located, which is caused by:
a). Defects in designs, installation, or materials which Purchaser supplies, installs, or has installed under his direction.
c). Introduction of excessive water into the soils surrounding the Residence by parties other than Builder or parties under Builder’s control.
d). Normal wear and tear or normal deterioration.
e). Normal shrinkage caused by drying of the Residence and the materials used therin within tolerances set forth in construction standards. Builder will not repair cracks in wood or the minor separation or opening of wooden joints such as those in paneled doors, mitered casings, or solid paneling that are caused by the normal shrinkage of wood. In addition, Builder is not responsible for cracking, checking, twisting, or turning of wood beams unless such a condition prevents the beam from meeting industry structural standards.
f). Normal settling of the Residence within industry standard tolerances.
g). Dampness and condensation caused by the failure to provide sufficient ventilation after occupancy by parties other than Builder or parties under Builder’s control.
h). Negligent or intentional failure to maintain the Residence by parties other than Builder or parties Builder’s control.
i). Changes in the grading of the ground around the Residence by parties other than Builder or parties under Builder’s control.
j). Failure to maintain the grades, swales, and drainage patterns established by Builder which assure that any water falling on the property surrounding the Residence, whether from natural precipitation or lawn irrigation, will flow positively away from the Residence.
k). Landscaping installed by or at the direction of Purchaser. l). Insects or Animals.
m). Failure to maintain the Residence in good condition and repair.
n). Failure of Purchaser to take timely action to minimize such loss or damage and/or failure of Purchaser to give Builder proper or timely notice of defect.
o). Accidents, natural disasters, or acts of God, including, but not limited to: fire, explosions, smoke, water escape, unforeseen changes in the water table, wind, hail, lightening, falling trees, aircraft and vehicles, flood and earthquake, except when the loss or damage is caused by Builder’s failure to comply with either the Standards of Construction or applicable building codes.
p). Soil conditions of the real property upon which the Residence is constructed if such real property was owned by Purchaser and obtained by Purchaser from a source independent of Builder.
q). Defects in an appliance, item of equipment, or any other consumer product. r). Any defect which does not result in actual loss or damage.
Note: Paint Touch Ups: Builder cannot guarantee a perfect color match on
touch ups.
Note: Many Appliances will carry a manufacturer’s warranty. Please contact
the appropriate manufacturers directly as soon as you move in.
5. Procedures
Written Notice of Claim. If Purchaser discovers a defect, which is covered by this Limited Warranty, Purchaser must give written notice to Builder at the office address of Builder, specifying the name, address, and telephone number of Purchaser; the nature of the defect; the date the defect first occurred or was discovered; the loss or damage claimed; and the times (Builder’s working hours are 8:00 a.m. to 5:00 p.m., Monday through Friday) that the Builder may have access to the Residence to inspect the loss or damage and, if necessary, take corrective action. Such notice must be received by Builder as soon as practicable after Purchaser either discovers or, in the exercise of reasonable diligence, should have discovered the defect in the Residence or the loss or damage caused by such defect.
Builder Response. Builder or its agent, representative, employee, or subcontractor will contact Purchaser within seven (7) days following Builder’s receipt of the claim to schedule and inspection of the Residence and, if necessary, to schedule the corrective action undertaken by Builder, provided, however, that any delay caused by strikes, labor disputes, boycotts, shortages of labor or materials, governmental action, weather, acts of God, or any other fact of circumstance beyond the reasonable control of Builder shall not be a basis for a claim of lack of diligence on the part of Builder. Builder’s obligations to proceed with due diligence shall be suspended for as long as any such condition, fact, or circumstances shall continue to exist.
If the defect constitutes an emergency situation, Builder should be notified by telephone. Emergency situations are described as follows:
a). Total loss of heat during cold winter months.
b). Total loss of power (after breakers checked and power company has been contacted.)
c). A water leak that requires the main water service to be shut off to avoid serious damage to the Residence or its contents.
d). Total stoppage of the plumbing sewer system (if this occurs during the first 72 hours of occupancy) In the event Purchaser is unable to notify the appropriate subcontractor specified in the subcontractor list delivered by Builder to Purchaser with their homeowner Guide, Purchaser should notify the Builder.
All Warranty items must be promptly reported on the warranty service request form and are subject to approval by Builder.
6. Remedies
a). Repair or Replacement. If, following the inspection of the Residence, Builder determines that a valid warranty claim exists, Builder shall repair or replace, at its option, (I) the defective item and (II) those portions of the Residence damaged by such defective item. Builder shall not be responsible if (I) a repaired area of prefinished
material does not match in color and/or texture or (II) patterns in floor covering, wall coverings, or other finished surfaces have been discontinued. Builder or subcontractors chosen by Builder shall perform all work. Builder will not
honor invoices, bills, or receipts for labor performed or materials purchased by or at the direction of Purchaser.
*Shall not exceed the purchase price paid by Purchaser for the Residence
*Shall not extend to consequential damages such as bodily injury, damage to personal property, or damage to real property, which is not part of the Residence.
7. Assignability
The warranties provided in this Limited Warranty are personal to Purchaser and may not be transferred or assigned by Purchaser to subsequent owners of the Residence.
8. Exclusive Warranty
EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AGREEMENT, BUILDER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF WORKMANLIKE CONSTRUCTION, HABITABILITY, DESIGN, CONDITION, QUALITY, OR OTHERWISE AS TO THE REAL PROPERTY AND THE RESIDENCE AND OTHER IMPROVMENTS CONSTRUCTED THEREON AND BUILDER HEREBY EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS OR WARRANTIES. PURCHASER HEREBY ACKNOWLEDGES AND ACCEPTS SUCH DISCLAIMERS AND AGREES TO WAIVE ANY AND ALL RIGHTS HE MAY HAVE BY VIRTUE OF SUCH REPRESENTATIONS AND WARRANTIES.
Except for the warranties provided in this Limited Warranty, Purchaser assumes the risk of any and all damage hereafter occurring in or appearing on the real property and the Residence and other improvements constructed thereon regardless of the cause thereof. Purchaser’s assumption of this risk is partially in consideration of the amount of the purchase price of the Residence which is lower than it would be if Builder was to be held responsible for any such risks by virtue of any express or implied representations or warranties except as specifically provided for in this Limited Warranty.
9. Other Rights
This Limited Warranty gives you, as the Purchaser, specific legal rights. You may also have other legal rights. 10. Applicable Law
This Limited Warranty shall be construed in accordance with the laws of the State of Utah. 11. Requesting Warranty Procedures
Please refer to the One-Year Limited Warranty in order that you may become familiar with the limitations and conditions. Any product as large and complex as a new home may require corrections due to failures in workmanship or materials during the Warranty Period. After all correction items from the New Home Presentation have been completed, you are responsible to inform Builder of warranty items in need of service. The warranted corrections will be given to the appropriate Trade Contractors for completion. We intend to make warranty corrections as quickly and efficiently as practicable. However, depending on work schedules and the availability of materials, there may be delays in the completion of certain repairs. Please be patient with us as we assist you with warranty items.
12. Requesting Emergency Warranty Service
13. Requesting Non-Emergency Warrantee Service
If you have any other customer service requests please submit your completed Request for Warranty Service form to the Majestic Homes Customer/Warranty Service Department:
Majestic Homes, Inc Attn: Stacie Stowe
859 West South Jordan Parkway Unit 1D
South Jordan, UT 84095 OR
Online @ www.majestichomesut.com
