LIMITED WARRANTY AND NEW HOME MANUAL (Fee Simple) TABLE OF CONTENTS MAINTENANCE, CARE, WARRANTY ITEMS AND SERVICE

Transcription

1 LIMITED WARRANTY AND NEW HOME MANUAL (Fee Simple) TABLE OF CONTENTS MAINTENANCE, CARE, WARRANTY ITEMS AND SERVICE LIMITED WARRANTY. 1 BASEMENT-FOUNDATION WALLS AND FLOORS.. 2 CABINETS-KITCHEN AND BATHROOM 2 CARPETING 3 CAULKING.. 3 CONDENSATION CERAMIC TILE...3 COUNTERTOPS... 3 DOORS 4 DRIVEWAYS, WALKS, PORCHES AND STEPS 4 DRYWALL.5 ELECTRICAL SYSTEMS.. 5 EXTERIOR CLADDING.5 EXTERIOR PAINTING 6 EXTERIOR MASONRY WALLS 6 FIREPLACES 6 FLOORS..6 GARAGE.7 GUTTERS AND DOWNSPOUTS 7 HARDWARE AND RAILINGS 8 HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS 8 INSULATION. 9 LANDSCAPING AND WATER DRAINAGE.9 GRADING-(SITE DRAINAGE)..10 INTERIOR PAINTING AND DECORATING..10 PLUMBING SYSTEMS 11 PUBLIC UTILITY EASEMENTS...13 ROOFS 13 TRIM AND MOLDINGS.. 13 WEATHER-STRIPPING AND SEALS...14 WINDOWS AND GLASS..14 WOOD DECKING.14 MAINTENANCE 14 ADDITIONAL EXCLUSIONS..15 GOVERNING LAW-LIMITATION OF ACTION 16 HOW TO MAKE A WARRANTY CLAIM 16 MISCELLANEOUS 17 F:\1 Marketing\Service\Warranty-Fee Simple.doc

2 LIMITED WARRANTY YOUR NEW HOME IS WARRANTED AGAINST DEFECTS IN WORKMANSHIP AND MATERIALS, AS SET FORTH IN THIS LIMITED WARRANTY AND NEW HOME MANUAL. IMPORTANT NOTICE - PLEASE READ. No Warranties or representations of any kind, whether express or implied, other than those expressly stated in the Purchase Agreement or New Home Manual and Limited Home Warranty are being made by the Developer/ Builder. Buyer acknowledges that he/she is not relying upon any other warranties or representations in entering into this Agreement. No one has any authority to extend or make any additional warranties on behalf of the Builder. In no event shall Builder be liable for consequential damages. To Whom Given. This Warranty is extended to you as Buyer under the Purchase Agreement only. This Warranty is nontransferable and shall terminate upon change in ownership of the residence. Coverage and Term. This Limited Warranty runs for one year beginning on the Commencement Date (the closing date or possession date, whichever occurs first), The Limited Warranty Period. In the event of any conflicts between the Purchase Agreement and the Limited Warranty and New Home Manual, the Purchase Agreement with its exclusions shall govern. The Builder warrants that if a warranted item fails to perform as warranted and if the Builder is notified in writing during the Limited Warranty Period, the Builder will repair, replace, or pay the Purchaser the reasonable cost of repairing or replacing the warranted item. The choice among repair, replacement or payment is solely the Builder s. Any repairs or replacements made without the Builder s prior written consent shall void this Limited Warranty and Builder shall have no further liability regarding that repair or replacement. Steps taken by the Builder to correct warranted items shall not act to extend the terms of this Limited Warranty. The aggregate liability under any and all claims covered by this Limited Warranty or any liability which may attach to Builder by virtue of the operation of State, Federal, local, or common law or equity, shall be limited to the cost of repair or replacement, whichever is less and shall under no circumstances exceed the purchase price of the property, less the reasonable fair market value of the property at the time of the claim. Under no circumstance shall Builder be liable for consequential damages or damages beyond repair or replacement of covered warranty items. Any warranty periods contained in the Purchase Agreement, or in the New Home Manual and Limited Warranty, or which arise by implication or operation of law, whether in tort or in contract, shall commence on the day of closing or possession, whichever comes first. This includes, but is not limited to claims arising from any alleged failure to construct in a good and workmanlike manner. Any claim, suit, or action against the Builder, whether as Seller, Builder or Developer, which in any way arises out of the construction of the Residence or Common Area purchased hereunder or, or any action founded upon or sounding in tort, or express or implied warranty, including the warranty of good and workmanlike construction, must be brought within two (2) years after the Limited Warranty Commencement Date. WARNING: ALL MAINTENANCE, REPAIR AND SERVICE SUGGESTED OR REQUIRED TO BE UNDERTAKEN BY THE HOMEOWNER SHOULD BE PERFORMED BY A QUALIFIED PROFESSIONAL. NO REPAIR OR REPLACEMENT OF ANY WARRANTY ITEM MAY BE DONE WITHOUT BUILDER S PRIOR WRITTEN CONSENT, OR YOUR WARRANTY MAY BE VOIDED. THE USE OF CAUSTIC OR INAPPROPRIATE CLEANING OR MAINTENANCE PRODUCTS WILL VOID YOUR WARRANTY. IF YOU HAVE ANY QUESTIONS ABOUT WHETHER AN ITEM IS COVERED BY WARRANTY, PLEASE CONSULT THIS BOOKLET. NOTE: WHETHER SUCH WORK IS PERFORMED BY THE HOMEOWNER OR BY A PROFESSIONAL, THE BUILDER WILL NOT BE RESPONSIBLE FOR ANY PROPERTY DAMAGE OR BODILY INJURY WHICH OCCURS DURING OR AS A RESULT OF SUCH 1

3 WORK. ANY RISK OR LIABILITY IS THE RESPONSIBILITY OF THE HOMEOWNER AND IS ASSUMED BY THE HOMEOWNER. ALL INSPECTIONS SUGGESTED TO BE PERFORMED BY THE HOMEOWNER ARE TO BE VISUAL ONLY, FROM GROUND LEVEL, AND NON INVASIVE. USE CAUTION AND CARE. ANY USE OF A LADDER FOR ANY PURPOSE IS AT YOUR OWN RISK. IN NO EVENT SHOULD YOU GO ON TO THE ROOF. BASEMENT - FOUNDATION WALLS AND FLOORS WALLS The weight of your home rests upon the foundation. The foundation consists of a footing - a large mass of concrete poured into a trench or form - and the foundation wall, which rests on the footing. Foundation walls are usually made of poured concrete or masonry block. If you have a basement, the foundation walls also serve as your basement walls. Cracks in your foundation. There are two basic causes for these cracks: the base of the wall, being in the ground, maintains a fairly constant temperature, while the portion extending above grade is subject to extreme temperature changes; (Such changes cause concrete and other masonry to contract and expand, which may cause minor cracks.) Secondly, the soil in which the foundation rests may settle slightly and create stresses, thus causing minor cracks to appear. The acceptable tolerance for basement or foundation wall cracks is that cracks up to 1/8 inch wide are normal in foundation walls. The Builder will repair cracks in excess of the maximum tolerance by surface patching or other appropriate means as the Builder shall determine, if notified of such cracks within the Limited Warranty Period. These repairs should be made toward the end of the first year of ownership to permit normal settling of the home to stabilize. FLOORS There is little that can be done to prevent the surface pitting and superficial cracking of your ground floor concrete slab or basement floors. Should you choose to paint the basement floor, be sure to use a product recommended for that purpose. It should be alkali resistant and of a type that would permit continuing curing of a new floor. Do not be alarmed if a white powder appears on some areas of the walls or floors. In the curing process, salts in the concrete are carried to the surface as moisture evaporates. This deposit can be readily brushed off and should cease following curing of the concrete. These concrete floors will also develop cracks as your home goes through its settling process. Cracks exceeding 3/16 inch in width or 1/8 inch in vertical displacement should be repaired by surface patching or other methods. If notified of such cracks within the Limited Warranty Period, the Builder will repair them in the manner it deems appropriate. CABINETS - KITCHEN AND BATHROOM There may be slight variations in tone, color, and grain in wood finished cabinets that reflect the natural characteristics of the wood. For laminated plastic surfaces and cabinets, simply wash with a mild soap and water, rinse and dry. DO NOT USE ABRASIVE CLEANERS. ONLY USE CLEANERS designed for specific use on plastic laminated cabinets, and surfaces. There may be a slight separation between the cabinets and/or the ceiling or walls. These slight gaps are normal and do not affect the operation of the cabinets. 2

4 CARPETING Carpet seams will show and are not a defect or warranty item. You should ascertain the name of the manufacturer and type of flooring materials used, from the Builder if the Builder installs it, or from the supplier if it is installed by you. The manufacturer and dealer can advise you on how to maintain your carpet or flooring. CAULKING NEITHER INTERIOR NOR EXTERIOR CAULKING IS WARRANTED. Interior and Exterior caulking should be checked at least twice a year by the Homeowner. It is important that exterior and interior areas that require caulking be maintained. Any areas where water can seep in around windows, siding, baths, shower enclosures, etc. could result in interior damage to your home. Exterior caulking repair is the responsibility of your Homeowners Association but the owner must notify the Association in writing if repairs are needed. Interior caulking and maintenance repair is the sole responsibility of the Homeowner. CONDENSATION Condensation of moisture is a seasonal occurrence. If the owner does not take corrective measures at an early stage, serious rotting, corrosion and mold could result. Condensation of moisture is not generally a fault of construction. Ventilation is often the only effective means available for removing moisture. EXHAUST FANS in the bathroom will draw off moisture from bathing or drying clothing. Open windows are a good source for general ventilation. For further information, please refer to the section on windows. We also suggest that the following procedures be followed to keep condensation at a minimum: Always utilize and connect vents for clothes dryers and other such equipment and use a dehumidifier during periods of excess humidity. CERAMIC TILE Cracks in the grouting of ceramic tile joints are commonly due to normal shrinkage conditions and are not covered under the Limited Warranty. Regrouting of these cracks is an owner s maintenance responsibility within the life of the home. This type of tile is easy to maintain and needs only to be wiped down occasionally with a damp cloth. Do not use excessive water when cleaning ceramic tile floors. A mild solution of soap and water is normally adequate. DO NOT USE ABRASIVES. Ceramic tile may be affected by normal wood shrinkage and the settling of your home. A separation between the tub and wall tile, between floor tile and the tub, and between floor tile and wood or metal thresholds may occur. Cracking of joints between ceramic tile in tub and shower stall corners may occur because of excessive moisture in these areas. The homeowner should promptly repair this situation by calking to avoid possible damage to underlying areas. COUNTERTOPS Any defects (cracks, chips, etc.) must be noted prior to acceptance of your new home. The Builder is not responsible for defects in the countertops after the Homeowner has accepted the home. 3

5 DOORS INTERIOR DOORS Interior doors and bi-folds may stick or warp due to various weather conditions and are not covered under the Limited Warranty. Cracks in doorjamb or casing joints can readily be filled the first time they are repainted by the Homeowner. The Homeowner should keep the channel of sliding door and metal threshold clean for ease of operation and drainage of rainwater. On bi- or multi-folding doors - or wardrobe doors - there are adjustments provided which, as the doors wear, may require some adjusting by the Homeowner. Interior doors should not warp in excess of National Woodwork Manufacturers standards (1/4 inch in most cases). If reported within the Limited Warranty Period, excessive warpage will be repaired or replaced, at Builder s sole discretion. EXTERIOR DOORS Many builders now use fully insulated fiberglass-clad exterior doors. Since your building is equipped with these types of doors, it is not advisable to add a storm door, because heat build-up between the doors can damage decorative trim or the weather seal on the door. Installing a storm door may void your manufacturer's warranty. Exterior wood doors may warp to some degree due to temperature differentials on inside and outside faces; however, they should not warp to the extent that they become inoperable or cease to be weather resistant. The Builder will correct or repair inoperable doors if notified during the Limited Warranty Period. You must obtain your Association s approval to add a storm door or to paint your front door. DRIVEWAYS, WALKS, PORCHES AND STEPS NOTE: YOUR WARRANTY DOES NOT INCLUDE DRIVEWAYS, WALKWAYS, PORCHES AND STEPS. THE PITTING, SCALING, CRACKING, SETTLING AND/OR SPALLING OF CONCRETE DRIVEWAYS, WALKWAYS, PORCHES AND STEPS IS INHERENT WITH THE PRODUCT. ALTHOUGH THE BUILDER HAS TAKEN VARIOUS MEASURES IN AN ATTEMPT TO MINIMIZE THESE CONDITIONS, DEFICIENCIES IN CONCRETE DRIVEWAYS, WALKWAYS, PORCHES AND STEPS CANNOT BE WARRANTED. It is impossible to prevent cracking in concrete walks, driveways, porches, steps, etc. because of the nature of the material. While in anticipation of stresses, contraction and expansion joints have been provided; there are some cases over which the Builder has no control. Severe frost, unequal subgrade settlement, and aggravation from use of salt and other de-icing chemicals for melting ice and snow may cause concrete damage and this is not warranted. (Even though you may not use salt, it will be tracked in from the street). Changing temperature may also cause porch posts to become loose and porches and walks to lift, even though the Builder may have installed piers and footers for support. Do not permit any heavy equipment such as moving vans to drive on your concrete as it was not designed for these heavy loads. You should pay close attention to ground settlement or soil erosion along the edges of your driveway or walks. Lack of attention could cause undermining of the base, which would result in unnecessary cracking of the surfaces. Advise your Association of any such problems. 4

6 STOOPS Concrete stoops or steps should be maintained under the same care outlined in the preceding paragraphs. The Builder warrants that stoops or steps should not settle, heave or separate in excess of 1 inch horizontally from the house structure during the Limited Warranty Period. No cracks except hairline cracks (less than 1/8 inch) are acceptable in structurally attached concrete stoops. The Builder shall take whatever corrective action he deems is necessary to meet these requirements if notified within the Limited Warranty Period. No Warranty is made for settlement, heaving or separation in a vertical direction. DRYWALL No installation or paint can completely conceal the drywall joints. Regardless of workmanship, jointing can be detected upon careful inspection, or if the lighting is very angular. Some cracking or nail popping will probably occur in drywall caused by wood shrinkage and settling. Like other building materials, wood may contract or expand with weather changes. Wood is not affected significantly by heat or cold, but it may shrink under extreme dryness or swell under extreme humidity. Settling cracks, Nail pops and cracked corner bead that are readily visible from a distance of six feet under normal lighting conditions will be repaired once during the limited warranty period. The repairs will be done upon written request at the 11-month service checkpoint. Repainting or touchup of the repairs is the responsibility of the Homeowner. The contractor is not responsible to repair defects covered by wallpaper. ELECTRICAL SYSTEMS The electrical wiring and equipment in your new home are protected by circuit breakers located in a main electrical panel. They are the safety valves of your electrical system. We recommend you locate this panel and identify all circuits in writing on the panel soon after moving in and before an emergency occurs. If breakers for the same circuit fail repeatedly, it is essential to locate the cause. If it is the result of a short circuit, as opposed to an appliance overload, an electrician should make repairs. Any appliance overload must be avoided. Many fires occur each year from misuse of electrical equipment. Only a properly licensed electrician should do any alterations to your wiring. The manufacturer s recommendations on bulb size are marked on all fixtures and must be adhered to. Rooms without ceiling fixtures usually have a wall receptacle for a lamp that can be operated by a switch located near the room entrance. The original finish on exterior light fixtures will wear with normal use. The Builder does not warrant such hardware against the effects of weather, including tarnishing. EXTERIOR CLADDING Exterior sidings, (aluminum, vinyl, or steel), are covered by a manufacturer s warranty only. Siding, no matter what type, will fade or discolor over time and is not warranted against such fading or discoloration. Siding also cannot be expected to withstand abuse such as children throwing stones or balls against the surface. The Builder is not liable for any such damage. After acceptance of the home by Buyer, the Builder is not responsible for any dents or other defects not previously noted. 5

7 EXTERIOR PAINTING After the Limited Warranty Period, exterior paint issues are the responsibility of the Homeowner s Association. EXTERIOR MASONRY WALLS Don t expect each brick, block or stone to be perfect and spaced perfectly. Surface chips or cracks and slight variations in size, color and placement are normal and help to create texture, beauty and interest. The mortar joints in the masonry are subject over the years to weathering resulting from exposure and need periodic maintenance. When this is needed, you should advise your Association which has responsibility to maintain the exterior of your home. FIREPLACES Remember, a burning fire consumes oxygen. You may wish to slightly crack a window in the room where the fireplace is located to provide the air to support the combustion. The Builder is not responsible for any firebox paint changed by the fire. Heat from fires will alter or discolor the finish. If you have a manufactured fireplace, please read the fireplace owner s manual before using the fireplace for the first time. The manufacturer s warranty and the dealer's warranty, if any, are hereby assigned to the Buyer in lieu of any other warranty. Warranty service requests should be directed to the manufacturer, or dealer. The following guidelines apply to masonry fireplaces: Before lighting a fire in your fireplace be sure that the damper located in the throat of your fireplace is opened. FLOORS At first build small fires for masonry fireplaces gradually increasing their size over a 60-day period. Excessively large fires could cause abnormal cracking of mortar joints and bricks. For factory built fireplaces, consult your manual before operation as well as for warranty information. The Buyer should equip the fireplace with a well fitting screen and the fire should be extinguished every night. The fireplace should NOT be used for the burning of trash, as a sudden flare up may damage walls or start a fire. Installation of glass doors is advisable from the standpoint of energy efficiency. It is most important to remember that if your fireplace has been constructed with an ash dump pit, it is not advisable to dump hot ashes into this pit at any time. Its sole purpose is for the removal of COLD ASHES only. Excessive loads caused by extra heavy furniture or appliances, such as a freezer or waterbed, can result in damage to the floor. Care must be taken by the Homeowner to avoid overloading a given floor area. Like other building materials, wood may contract or expand with weather changes. It is not affected by heat or cold, but it may shrink under extreme dryness or swell under extreme humidity. Some deflection in floors may occur because of slight crowning or bowing of floor joists. Likewise, wood framing and components may shrink somewhat. This is acceptable. Floor squeaks and loose sub floors are often a temporary condition common to new home construction. The Builder will not correct the problem unless it is caused by an underlying warranted construction defect and the Builder is notified within the Limited Warranty Period. A squeak-proof floor cannot be 6

8 guaranteed. The Builder will correct nail pops that have broken the surface if notified during the Limited Warranty Period. The Builder shall repair or replace at his option resilient floor covering in the affected area with similar material. Depressions and/or ridges may appear in the resilient flooring due to slight sub floor irregularities or cracks and are cosmetic in nature. The Builder shall take corrective action only if the Builder is notified within the Limited Warranty Period and the defect represents a structural rather than a cosmetic problem. If resilient flooring lifts, bubbles or becomes unglued, the Builder shall repair or replace the affected area during the Limited Warranty Period. The Homeowner is responsible to take precautionary measures to avoid getting excess water on any floor surface, including bathrooms and kitchens. Gaps in resilient or prefinished wood floor covering joints should not exceed 1/16-inch width. Where dissimilar materials abut, the gap should not exceed 1/8 inch. The Builder shall take whatever action it deems necessary to correct the problem if Builder is notified during the first year warranty period. The Builder is not responsible to match discontinued patterns or for color variation in the floor coverings and is not responsible for matching existing colors when providing replacement materials under this Limited Warranty. GARAGE THE GARAGE FLOOR Because of the nature of the material, it is not possible to prevent concrete garage floors from settling and cracking due to shrinkage. However, cracks in garage slabs in excess of 1/4 inch in width or 1/4 inch in vertical displacement are considered excessive and will be repaired by the Builder, if notified during the Limited Warranty Period. The Builder will repair the cracks by surface patching or grinding. THE GARAGE DOOR Never stand in the doorway opening or walking thru the doorway while the electrically operated garage door is moving. The local dealer installed the garage door and door opener. The manufacturer s warranty and the dealer's warranty, if any, are hereby assigned to the Homeowner in lieu of any other warranty. Warranty service requests should be directed to the manufacturer, or dealer. GUTTERS AND DOWNSPOUTS Since gutters have been installed on your home, a number of precautions should be observed. Should they become clogged with leaves or debris, they may not function properly and interior water damage or damage to the gutters or roof could be the result. Surface particles from asphalt shingles, washed down by rains, often settle in gutters and should be removed. Advise your Association should it be necessary to clear gutters of tree limbs, leaves, and other articles. Your Association will arrange for the removal of these articles from the gutters but at no time during the Limited Warranty Period or thereafter is the Builder or your Association responsible for any damage of any kind as a result of clogged gutters. Industry practice is to install gutters only slightly sloped towards downspouts. Consequently, it is entirely possible that small amounts of water will stand in certain sections of gutter immediately after a rain. Corners or junctions where sections of the gutters meet should be checked periodically for re-caulking. During prolonged cold spells, ice build-up is likely to occur at various locations on the roof. This condition occurs naturally when snow and ice accumulate and gutters and downspouts freeze up. The Homeowner should notify the Association if any build-up of ice on the roof results in water entering the 7

9 home. Your Association will attempt to alleviate the problem but at no time during the Limited Warranty Period or thereafter is the Builder or your Association responsible for any damage of any kind as a result of ice buildup, icicles or ice dams. Homeowners should never use a ladder to reach gutters or go on the roof to observe or clear gutters or ice dams or for any other reason. The Buyer should check the gutters only from the ground. HARDWARE AND RAILINGS The original finish on exterior hardware such as locks, door handles, hinges and kick plates will wear with normal use. The Builder does not warrant such hardware against the effects of weather, including tarnishing. It is not necessary to use polishing compounds on interior door hardware. Wipe them occasionally with a damp cloth and polish with a soft dry cloth. Lubricate exterior and interior locks periodically. For keyed exterior locks, powdered graphite (dry lubricant) blown into the keyhole and on the latch bolt will ensure smooth operation; for interior passage sets a few drops of sewing machine or similar light oil, placed on the latch bolt, will suffice. If your railings or stairway balustrades are made of metal, the steel will rust if the protective finish is scratched. Therefore, avoid the use of abrasive cleaners and wipe them down with a cloth using as little water as possible. Regular washing with a damp cloth can easily keep vinyl coverings or caps, commonly used on metal railings, clean. Railings will loosen with use and the passage of time. THE HOMEOWNER TO AVOID ANY HAZARD MUST TIGHTEN LOOSE RAILINGS IMMEDIATELY. The Builder does not warrant this. Periodic checking and adjustments or tightening of railings are required as normal Homeowner maintenance to insure the safety of occupants. HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS HEATING On taking possession of your home, learn everything possible about the heating system and how it functions at maximum efficiency. The energy or fuel supplier would welcome a call from you and will provide this information. The following points are suggested in case of any difficulties you may encounter. Before calling for service: 1) Check your thermostat. 2) Check your circuit breaker. 3) Check the furnace fuse. 4) Only attempt relighting in accordance with instructions assisted by a skilled heating professional. (Note: Be sure the thermostat is turned down before relighting) The furnace burner will automatically turn on if the room temperature drops below the thermostat setting. A point to remember is that, contrary to common belief, setting heating controls high does not make a furnace heat faster. Keeping the thermostat at an even temperature will result in more efficient and economic heat. See that heating outlets and cold air returns (registers) are kept free of airflow obstructions such as carpets, furniture, etc. for maximum performance. The controls on all types of heating systems occasionally malfunction. Such a problem does not mean that anything is essentially wrong with your heating system. Usually a simple adjustment is all that is needed, but you should rely on the skills of a professional repairman. It is recommended that you have an semiannual inspection and cleaning of your heating and cooling system. The best time to do this is late spring and early fall, respectively. Always turn off your furnace and air conditioner before servicing. Some types of warm air furnaces have built-in filters, usually found close to the furnace where the cooled air returns from the rooms. These filters remove dirt and dust from the air. For efficient heating they should be replaced once a month; if they are washable filters, clean at the beginning and in the middle of 8

10 each heating season. Usual replacement consists of removing one or two metal screws, pulling out the dirty filter and inserting a new one obtained from your hardware or department store. On some furnaces you need only open a latch to get to the filters. Some heating systems require two filters stacked vertically; for this type both filters should be changed at the same time. See the instruction booklet for your heating system for specific directions. If your furnace has a humidifying attachment, it will be one of two types, power or evaporative. The power type is generally maintenance free, but the evaporative type will need frequent cleaning to remove mineral deposits left by evaporation of water. If it is not cleaned, the mineral deposits will build up and prevent it from working properly. Consult the Owner s manual supplied with your furnace. Forced warm air-heating systems contain an electric motor and fan within the furnace enclosure, and these require oiling at the beginning of and during the heating season. Front or side panels generally can be removed to expose the fan and electric motor as well as the oil cups. Temperature variations will occur from room to room or within a room and are not a defect. The owner is responsible for balancing dampers, registers and other minor adjustments to achieve their desired temperatures in certain rooms. The warranty on all heating and cooling systems is limited to the manufacturer s warranty. You may wish to review the manufacturer s warranty before occupancy and any questions on coverage should be directed to the manufacturer. AIR DISTRIBUTION At times you may hear noises from the ductwork that sound like ticking or cracking. This is caused when the metal is heated and expands, or when it cools and contracts. These noises can generally be expected. If you are not receiving the distribution you desire, be certain that all room registers are open. Then make adjustments to individual registers until desired air distribution is attained. Some heating systems may have individual dampers on the heat runs in the basement; if so, try adjusting these dampers for better air distribution. In many instances, insufficient heat is caused by a dirty air filter. These filters should be checked and replaced in accordance with the manufacturer s recommended schedule. HEATING AND AIR CONDITIONING You may find that you are more comfortable with the fan running continuously to provide better air distribution. To have the fan run continuously, turn fan switch to FAN ON. If you have ceiling fans, you should run them continuously, especially in high ceiling spaces. You should also check and clean your air filter periodically. Other necessary maintenance items are outlined in your owner s manual. INSULATION Today s homes are well insulated. The Builder does not recommend adding more insulation since this could cause problems with ventilation and other aspects of construction. LANDSCAPING AND WATER DRAINAGE If lawn seeding is included in the contractual agreement, the following should be considered for best results. Frequent daily watering by the Buyer during the first few weeks after an area has been seeded is essential. Once the grass has taken, weekly watering is usually adequate if you water during the growing season. During long dry periods, additional watering by the Buyer may be necessary. Shallow watering results in a shallow root system and makes the lawn susceptible to burning. NOTE THAT THE 9

11 HOMEOWNER IS RESPONSIBLE FOR ALL SHRUBS AND GRASS WATERING WITHIN 25 FEET OF HIS OR HER LOT. Grass may grow better in one area than in another, depending on exposure to sun, wind, rain and such factors as drainage, soil type, care and attention. When the snow begins to melt, do not allow snow or ice to remain on a shaded area as this could cause winter kill. Such accumulations can be distributed over the other area to aid the overall melting process. WATER DRAINAGE Backfilled ground may settle during the initial year you occupy your new home. Settling of ground around the foundation, utility trenches or other areas should not interfere with water drainage away from the house. Upon receipt of written request by the owner during the Limited Warranty Period, the Builder shall furnish and install the material to fill excessively settled areas one time only during the first year of warranty coverage, and shall be responsible for any grass, shrubs or other landscaping affected by placement of such fill. GRADING -- (SITE DRAINAGE) The Builder's responsibility for establishing the grades and swales for proper drainage away from the home is limited to the immediate grades and swales affecting the house, and ends at the time of installation. The grade should slope away from the foundation at all times. Prolonged or heavy rainfall may normally cause water to pond and this is not a defect or a warranted item. Swales require periodic maintenance and The Homeowners Association is responsible for maintaining such grades and swales once the Builder has installed them. As a Homeowner there are several procedures you can follow to help your lot drain properly. If your home does have basement window wells, it is imperative that they be kept free of leaves and other debris that may interfere with the proper flow of water to the footing drainage system. Swales and catch basins are designed to direct water away from the house. These systems must be maintained by the owner or your Association and kept free from leaves and other debris. Homeowners must not change the grading of the lot because it may not only cause a problem for you, but also for the neighboring homes. Restrictions have been placed on your ability to interfere with the functioning of the drainage swales on your yard. Do not space bushes, trees or other obstructions in the swales. Before starting any work that may have an impact on the design purpose of both the site drainage and swales you should consult your Association. INTERIOR PAINTING AND DECORATING Painted walls cannot be spot washed without showing variations in color. For long life and low maintenance cost, the home should be painted at regular intervals. Washable paints are available for interior walls and interior woodwork. Because of steam, condensation and generally harder wear, the kitchen and bath usually require more frequent painting than other rooms. Wall areas exposed to direct sunlight may experience some fading or color variations. These areas will need painting more frequently, too. Painting defects must be noted at time of orientation walk and will be touched-up at that time. Any painting defects or touch-up after the closing date or possession date which ever occurs first are the responsibility of the homeowner. 10

12 Excessive humidity may create mildew or fungus on painted surfaces. This is a condition the Builder cannot control and is a Homeowner maintenance item. PLUMBING SYSTEMS Your new home has been equipped with a modern plumbing system to provide you with a long period of use, given adequate care. Any question regarding its operation during the Limited Warranty period should be referred to the Builder. Before using hot or cold water for the first time, or after the system has not been used for some time, let the water run from the faucet a few minutes to clear any rust or sediment from the lines. In case of a leak, you must turn off water at the water meter immediately. You should locate the shutoff valves in your home as soon as you move in. If it is necessary to turn the water off at the meter, be sure to turn off the gas or electricity to the hot water tank to protect the heating elements and tank. Faucets, like all plumbing with moving parts, are more apt to require repair than non-moving fixtures. The less needless strain you put on faucets, the less frequently they need repair. Faucets should be closed just enough to stop the flow of water. Closing them too tightly causes excessive wear on washers. Cleaning the aerators will be your most frequent task in maintaining your faucets. This attachment to the faucet adds air to the water as it leaves the faucet, reduces splashing, and provides some savings because less water is used. Aerators are most common on kitchen faucets, but they are also sometimes used for bathroom sinks. To clean an aerator unscrew it from the mouth of the faucet, remove any debris, remove and rinse the washers and screens, replace them in their original order, and put the aerator back on the faucet. Frequency of cleaning will depend on the condition of the water, but generally every three or four months is more than adequate. Where the plumbing installation includes valves for individual fixtures, it is only necessary to close the valve to the fixture being repaired before replacing washers. Otherwise, first close the main water valve usually located near the water meter on municipal systems - as this controls both hot and cold water lines. Never attempt repairs to plumbing if you do not have the proper tools, or if you are not properly trained; contact a knowledgeable plumber. If your washing machine, dishwasher, or other water-using appliance appears to leak, check first to be sure that the trap through which it drains is completely open. Sometimes a partially clogged drain can cause an overflow within the appliance. Turn off the faucets leading to your washer when it is not in operation. This relieves the water pressure on the appliance when standing idle. There will be noise emitting from the water pipe system due to the flow of water. The Builder cannot remove noises due to water flow, pipe expansion, hammering or vibration. Keep all grease, fat and similar wastes, especially petroleum products, out of your plumbing system. Such materials tend to accumulate in the piping, reducing its efficiency and will void your warranty. In addition, continuous or large-scale usage of this kind can affect municipal or private sewage treatment systems. The Builder shall make any necessary repairs to eliminate leakage resulting from faults in materials or workmanship in piping if notified during the Limited Warranty Period. The Builder is not responsible for sewers, fixtures and drains which are clogged through the user s negligence. If a problem occurs and delay would result in further damage, the Homeowner should take steps to mitigate damage. Where defective construction is shown to be the cause, and the Builder is properly and timely notified during the Limited Warranty Period, the Builder shall assume the cost of the 11

13 repair; provided however that where owner negligence is shown to be the cause, the owner shall assume all repair costs. All service connections to municipal water main or private water supply are the Builder s responsibility during the Limited Warranty Period if failure is the result of defective workmanship or materials and if the Builder is notified during the Limited Warranty Period. Builder does not warrant the supply of water. If conditions beyond Builder s control disrupt or eliminate the sources of the supply, then it is not the Builder s responsibility. The Builder is not responsible for community or municipal water pressure. If the outside or garage garden hose connection has a shut off valve inside the house, it has to be shut off and drained from the inside before winter to prevent freezing and possible bursting. This is the Homeowner s responsibility. For the same reason, a garden hose should never be left connected during freezing weather. Ice forming in the hose will break either the hose or the hose faucet. FIXTURES The smooth, glossy surfaces on your plumbing fixtures are not indestructible. Harsh, abrasive cleaners will, in time, wear through the surface, making them dull and porous. Carelessness causes chipping, scratches and stains. A blow from a heavy or sharp object will chip the surface, and scraping or banging metal utensils in a sink will gradually scratch and dull the surface. Cutting food on sink drain boards leaves scratches and nicks. The finish is then susceptible to stains, which become increasingly difficult to remove. Shiny new fixtures can also be dulled or stained within a short time through improper or excessive use of abrasive cleaners of any kind. Nonabrasive cleaners will maintain the finish on your fixtures longer. Dirt, food, grease, rust, or water minerals cause most stains. Your new home may also be furnished with water saving toilets. Occasionally two flushes may be required to fully clear the bowl. Care should be taken in the amount and type of paper, and materials flushed. HOT WATER TANK The principal causes of tank lining damage are hard water and over-heating. Super hot water should not be used except for special purposes and then be sure to reset the tank dial down afterwards. You may wish to switch off the tank before going on vacation. Most electric tanks have two elements, one top and one bottom, and the reset buttons and adjustable temperature settings are to be found under the cover plates at these locations. Turn off the power when making adjustments and be careful not to contact adjacent wire ends on terminals located near the temperature setting screw. Should the tank cease to function (no hot water), check the fuse or breaker panel before calling a plumber or electrician. If the cold water is clear but the hot water is discolored, the probable cause is sediment at the bottom of the tank. This sediment has an insulating effect, especially with immersion type elements, causing the heaters to operate longer than necessary with a consequent increase in cost and energy consumption. All hot water tanks should be drained and flushed out at least once a year to remove sediment from the tank. Be sure to turn off the gas or electricity during this process. Attach a hose to the drain connection and run it to the floor drain before opening the drain valve. Every hot water storage tank should be equipped with a pressure relief valve at the top of the tank. This is a safety device designed to open and relieve pressure should the water pressure in the tank exceed its rated working pressure. The pressure relief valve should not be tampered with. Refer to your Manufacturer Operating Manual for operating instructions and warranty for your hot water tank and all appliances. Other than the assignment of manufacturer s warranties, Builder only warrants proper installation of the appliance or equipment. 12

14 SANITARY SEWERS Care should be observed to avoid disposal of heavy tissue, paper towels, sanitary napkins, disposable diapers, and other materials into plumbing fixtures, in order to minimize the possibility of clogging. If possible, make a special note of the location of your sewer cleanouts for use over the years. These are typically in your front yard and may be buried under the soil. Your sewers may have to be occasionally flushed to avoid smells and odors and is a maintenance item. PUBLIC UTILITY EASEMENTS Since utility services are underground, it is advisable that the appropriate utility be contacted prior to any digging for tree planting, flowerbeds, etc. In most communities, the utilities are pleased to stake the location of their services at no expense to you. Any additional or replacement landscaping must be approved by your Association. In the event that utility or landscaping work is performed in an easement, the responsibility for restoration of the area to its former condition is not the responsibility of the Builder. You should determine this responsibility in advance with the utility or agencies involved and obtain your Association s approval. ROOFS The roofing material used on most new homes is asphalt or fiberglass shingles. It is good practice to check for loose, broken or missing shingles following heavy windstorms, but only do so from the ground, not on a ladder or roof. Repairs should be made as soon as possible after such occurrences to prevent leakage that can cause serious damage to the interior. Advise your Association if you feel repairs are needed. Installation of television or radio antennas of any type is not permitted. Do not nail objects to the roof and do not walk on the roof. It is impossible for manufacturers to avoid differences in color shades even within the same factory run of the same color of shingle. Color differences are usually imperceptible and such differences are reduced on weathering. Shading of asphalt roofing is normal and unavoidable; it does not affect durability and is not the Builder s responsibility. There is a limited manufacturer s warranty on roof shingles. Any complaints regarding variation should be directed to the manufacturer through the Builder. The Builder warrants that during the Limited Warranty Period your roof and flashings are warranted against defects in materials and workmanship only. Where the cause or damage is determined to be from severe weather conditions such as ice build-up, high winds and driven rain, or owner negligence, the warranty will not apply. In no event is there any warranty against consequential damages. TRIM AND MOLDINGS The Builder uses wood or other trims, moldings, doors, cabinets, etc. However, the same forces that affect the rough framing lumber also affect the trim materials. There cannot only be shrinkage of the walls such materials are affixed to, but also shrinkage of those materials themselves. Small separations occur at miters, stringers, corners or other seams. You may fill them with wood filler, but sometimes the normal shrinking and swelling of the woodwork will bring the pieces back together again and this is not necessary. There is no warranty with respect to any such shrinkage or swelling of wood cabinets or other trim materials. 13

15 WEATHER-STRIPPING AND SEALS Some air infiltration around doors and windows is normally noticeable, especially during high winds. The Builder is responsible to adjust or correct open cracks, poorly fitted doors and windows or poorly fitted weather stripping if notified during the one year Warranty Period. If weather stripping is torn or separated due to the owner s misuse or negligence, then the Builder has no responsibility. You may not have storm doors or storm windows installed without obtaining Association approval first. WINDOWS AND GLASS Your windows may be framed in a wide variety of materials including aluminum, steel, wood, vinyl, vinylclad or aluminum clad wood. Wood frames should be painted whenever the house or trim on the house is painted, about every four to six years. Aluminum, vinyl, and vinyl-clad or aluminum clad wood do not need painting. Steel frames should be painted with a rust-inhibiting paint. The Builder warrants that the windows will operate with reasonable ease as intended, during the Limited Warranty Period. You may experience slight drafts around windows due to convection air currents where the warm air in the house meets the cool glass; such drafts are not a defect. Check the weather-stripping and/or caulking periodically for necessary maintenance. Windows will collect condensation on interior surfaces when extreme temperature differences and high humidity levels are present. Condensation is usually the result of climatic/humidity conditions, created by the Homeowner within the home and is to be remedied by the Homeowner. Unless directly attributed to faulty installation, window condensation is a result of conditions beyond the Builder s control and is not warranted. For more information, please refer to the condensation section. Any broken or cracked glass which is not reported to the Builder during the walk through inspection prior to closing or possession, whichever comes first, is the Homeowner s responsibility. Neither the Builder nor your Association is responsible for broken glass replacement reported after the walk through inspection. The seal in insulated glass is separately warranted by the manufacturer and is not warranted by the Builder. It is covered by a separate limited warranty that runs from the date imprinted on the glass. In the event fogging between or within the glass panes develops, contact the Builder and give the Builder these dates. During the Limited Warranty Period and as a courtesy only, the Builder will transmit any appropriate information and warranty claims to the manufacturer. WOOD DECKING Sundecks are built of treated lumber. Changes in color or fading over a period of time are to be expected and are not warranted. Also some warpage of the lumber may occur as a result of the treatment process and there is no warranty with regard to this warpage. Because some materials used on decking require proper maintenance, ask the Builder for a recommended wood treatment solution and approved color for your deck. ONLY APPROVED DECK FINISHES AND COLORS MAY BE USED. MAINTENANCE PROPER MAINTENANCE of your new home protects your investment, helps eliminate hazards and break-downs, and promotes the safety of your family and guests. Maintenance, whether by the homeowner or the Association should always be done by a qualified professional. UNDER NO CIRCUMSTANCES SHOULD YOU GO ONTO YOUR ROOF. 14

16 ADDITIONAL EXCLUSIONS In addition to the items referred to previously, certain other items not warranted by the Builder are as follows: 1. All exterior concrete driveways, walkways, porches, steps and stoops. 2. Floor squeaks. 3. Ice build-up in gutters and on roofs which causes interior leakage. 4. Clogged or blocked plumbing, sewers and drains caused by owner negligence, or the failure of the owner to conduct proper routine maintenance. 5. All landscaping including sod, seed, bushes, plantings and trees, which become the responsibility of your Association at the time of closing. 6. Tarnishing of exterior hardware (including door handles, deadbolts, kick plates and hinges) and exterior light fixtures. 7. Any and all nicks, scratches, chips, dents, or mars in cabinets, countertops, fixtures, woodwork, mirrors, glass, flooring or siding not noted at final inspection. 8. Caulking. 9. Grouting of ceramic tiled joints after final inspection. 10. Minor cracks in masonry, exterior stucco, rough sawn cedar, or pre-finished siding. 11. The Builder is not liable for any damage to the extent it is caused or made worse by: a) Buyer negligence, improper maintenance or improper operation by Buyer or anyone other than the Builder or its employees, agents or subcontractors; or b) Failure of anyone other than the Builder or his employees, agents or subcontractors to comply with the warranty requirements of manufacturers of appliances, equipment or fixtures; or c) Failure to give notice to the Builder of any defect within a reasonable time; or d) Changes in the grading of the ground by anyone other than the Builder, or its employees, agents or subcontractors. 12. Any defect in, or caused by, materials or work supplied by anyone other than the Builder, or his employees, agents or subcontractors. 13. Normal wear and tear or normal deterioration. 14. Loss or damage not caused by a defect in the construction of the home by the Builder, or its employees, agents or sub- contractors, but resulting from accidents or acts of God including, but not limited to: fire, explosion, smoke, water escape, changes in the level of the under-ground water table, glass breakage, wind storm, hail, lightning, falling trees, aircraft, vehicles, flood, and earthquake. 15. Any defect caused by soil, erosion or movement. 16. Insect or rodent damage, including but not limited to that caused by termite, carpenter ant or carpenter bee. 15

17 17. Any loss or damage which arises while the home is being used primarily for non-residential or rental purposes. 18. Any defect which does not result in actual loss or damage. 19. Damage to personal property or damage to any portion of the real property that was not included in the purchase price of the residence. 20. Any consequential damages alleged to arise from or as a result of warranted defects or damage to the house or its contents, (including, but not limited to, damage to furniture, drapes, wallcoverings, paint and clothing) or to the Buyer, which arise from defects due to noncompliance with the New Home Manual. By way of example, if the roof is defective and as a result thereof damage occurs to the furnishings of the home or the home is not habitable, the limited warranty would cover the repair of the roof, but would not cover the repair of the damaged furnishings and would not cover the Buyer s living expenses while the home is not habitable. GOVERNING LAW- LIMITATION OF ACTION The Purchase Agreement, the Limited Warranty and New Home Manual and any other documents related to the purchase of the residence shall be governed by the Laws of the State of Ohio and any suit or action arising there from may only be brought in the Common Pleas Court of the County in which the residence is located. By signing the Purchase Agreement, both Builder and Buyer agree that they are waiving their respective rights to a Jury Trial and that any case brought shall be tried only before the Court and not before a jury. No suit, action, or claim arising from the purchase of the Residence, the property, or of the common areas of the development, or any alleged defect in design, architecture, engineering, materials, or workmanship may be brought or filed against the Developer or Builder, regardless of whether in tort, contract, or under statute, ordinance, or common law, more than two (2) years after the Commencement Date referred to herein. BUILDER S RIGHT TO RESOLVE ALLEGED DEFECTS (OHIO REVISED CODE SECTION ) OHIO LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS FOR DEFECTIVE CONSTRUCTION AGAINST THE RESIDENTIAL CONTRACTOR WHO CONSTRUCTED YOUR HOME. AT LEAST SIXTY DAYS BEFORE YOU FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS, YOU MUST PROVIDE THE CONTRACTOR WITH A WRITTEN NOTICE OF THE CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER CHAPTER OF THE OHIO REVISED CODE, THE CONTRACTOR HAS AN OPPORTUNITY TO OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER THE CONTRACTOR MAKES. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS. HOW TO MAKE A WARRANTY CLAIM Submission of Claims to Builder. If the Purchaser has a warranty claim, the Purchaser must first send a typewritten or legibly written notice of the claim to the Builder by letter or by using the Builder s standard service request form furnished at closing. Additional copies of the service request form may be obtained by calling the Builder s main office. Time of Notice of Claim. The Builder must receive written notice of a claim under the Limited Warranty no later than ten (10) days after expiration of the one-year warranty term. Only a certified mail receipt signed by Builder will be deemed acceptable proof of timely notice. 16

18 MISCELLANEOUS Manufacturer s Warranties, Appliances and Equipment. Notwithstanding anything herein to the contrary, the Builder s warranties with respect to ranges, refrigerators, washing machines, clothes dryers, furnaces, air conditioners, garage door openers, hot water heaters, manufactured fireplaces and other appliances and equipment furnished by the Builder shall be limited to the assignment by Builder of the express and/or implied warranties provided by the manufacturer. Other than the assignment of Manufacturer s Warranties, Builder only warrants proper installation of the appliance or equipment. General Provisions. Should any provision of this agreement be deemed by a court of competent jurisdiction to be unenforceable, that determination will not affect the enforceability of the remaining provisions. Use of one gender in this agreement includes all other genders; and use of the plural includes the singular, all as may be appropriate. 17