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Neighborhoods The Highlands Countryside (Fresno)
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Limted Home Warranty Limited Home Warranty | Submit Warranty Request We want to have satisfied customers. It is not only in your best interest, but ours, as well. Like any warranty, this warranty (the” Warranty ”) specifies limits for responsibility and conditions under which it is valid or applicable. WE STRONGLY URGE YOU TO READ THIS WARRANTY since it is the only warranty express or implied, that CENTURY BUILDERS makes to you. NO employee, salesman or other agent of CENTURY BUILDERS is authorized to make any warranty except as stated in this Warranty. 1. PERSON MAKING WARRANTY: CENTURY BUILDERS (‘Seller”) is the company making these warranties and disclaimers. The mailing address of Seller for the purpose of this Warranty is: CENTURY BUILDERS, LLC 2. WARRANTY HOLDERS: The person to whom this Warranty is given is ________________________________ (“Buyer” or “you”). This Warranty is not assignable. 3. PROPERTY SUBJECT TO WARRANTY: This Warranty covers the residential dwelling (the “Home”), as set forth in this Warranty, located at _______________________________________________________________________, which was purchased for the purchase price of $_______________________. 4. COMMENCEMENT OF WARRANTY TERM: This Warranty commences when the deed conveying the Home to you is recorded or when you first occupy the Home, whichever occurs first (the “Commencement Date”). This warranty shall survive the close of escrow. 5. COVERAGE EXPLANATION: If a covered defect occurs during the applicable warranty period, the seller agrees to repair, replace, or pay Buyer the reasonable cost of repairing or replacing the defective item, at Seller's sole discretion. The Seller's total liability under this Warranty is limited to the purchase price of the Home stated above, less the lot value. The choice among repair, replacement, or payment is the Seller's, as is the right to determine the materials, methods and subcontractors to be used in making any repairs or replacement, provided all repairs will be made with materials or components reasonably equivalent to the materials or components used in the original construction of the damaged item. Any steps taken by the Seller to correct defects shall not act to extend the term of this Warranty. All repairs by the Seller shall be at no charge to the Buyer and shall be performed within a reasonable period of time. 6. OWNER'S OBLIGATION: Buyer must provide normal maintenance and proper care of the Home according to this Warranty, the warranties of manufacturers of consumer products and generally accepted standards of the state of California. THE SELLER MUST BE NOTIFIED IN WRITING, BY THE BUYER OF THE EXISTENCE OF ANY DEFECT BEFORE THE SELLER IS RESPONSIBLE FOR THE CORRECTION OF THAT DEFECT. WRITTENT NOTICE OF A DEFECT MUST BE RECEIVED BY THE SELLER WITHIN THE APPLICABLE WARRANTY PERIOD FOR THAT DEFECT and no action at law or in equity may be brought by Buyer against Seller for failure to remedy or repair any defect about which the Seller has not received timely notice in writing. Buyer must provide access to Seller during normal business hours to inspect the defect reported and, if necessary, take corrective action. Seller's personnel are not permitted to perform warranty work in the Home at Buyer's request without first obtaining prior authorization from Seller. Any work performed without the knowledge and approval of Seller will be at the Buyer's expense. In an “Emergency” (defined below), requests for warranty coverage many be made in accordance with the procedures set forth on the attached “Emergency Service Procedures” addendum. An “Emergency” shall mean any defect that would lead to substantial additional damage to the Home if not performed. 7. WHAT IS COVERED: Subject to the exclusion from warranty coverage set forth and any additional specific exceptions to coverage set forth. Seller makes the following warranties for the time periods set forth below. To the extent that performance standards for construction have not been enumerated in this Warranty, defects and deficiencies in materials and workmanship will be those recognized under generally accepted standards of the building industry in the state of California for the geographical location of the home. Structural Components Warranty: Seller warrants that the Home will be free from significantly defective construction and materials resulting in or causing tangible damage to the roof, walls or foundation of the Home that affects the structural integrity and the load-bearing performance of the Home to the degree that it materially affects the physical safety of the occupants of the Home. Seller's obligation under this Warranty is limited to such action as are necessary to restore the load-bearing capability of the affected components. Warranty Period: One (1) year after the Commencement Date. Air Conditioning and Heating Warranty: The air conditioning system should be capable of maintaining a temperature differential of 15 degrees between return air and supply air calculated at 102 degrees dry bulb outside air design temperature, measured in the center of each room at the height of five (5) feet above the floor and provided that operable window coverings are installed on all windows, no structural modifications have been made, and vents are not covered. Lower temperature settings are often possible but are not promised by the manufacturer or Seller. Lack of air conditioning service is not an emergency unless someone is living in the Home with a medical condition in which the loss of air conditioning would be life threatening and the outside ambient air temperature is 95 degrees or above. Warranty Period: One (1) year after the Commencement Date. Specific Exceptions: The exact placement of ducts and vents may vary from those positions shown in similar plans and models. Placement of ducts and vents is NOT covered by this Warranty. Expansion or contraction of metal ductwork results in ticking or popping sounds. Eliminating all these sounds is impossible and is NOT covered by this Warranty. Cabinetry and Stair Railing Warranty: Warped doors or drawer fronts will be corrected if warped is in excess of 1/8” within any 24”distance. Gaps between cabinets and ceilings, or cabinets and walls will be corrected if they are in excess of 1/8”. Oak handrails will be free from workmanship defects. Warranty Period: One (1) year after the Commencement Date. Door and Locks Warranty: Interior doors should operate with reasonable ease as designed. As the Home dries, slight separation of joints in molding, or joints between molding and adjacent surfaces may result. Gaps in excess of 1/8” will be repaired by Seller with a filler method. Due to normal settling of the Home, doors may require adjustment for proper fit. Seller will make these adjustments. Warping of exterior doors is normal but should not exceed the National Woodwork Manufacturer's Association standard of ¼”. Doors that warp in excess of that standard will be repaired or replaced. Warranty Period: One(1) year after the Commencement Date. Specific Exceptions: Exterior wood doors will usually warp on direction of the sun during the summer and the reverse direction during the winter. Panels ay shrink and expand in some wood doors. This is normal and no repair will be provided. Adjustment of weather stripping and/or the threshold is a Buyer responsibility. Drywall/Sheetrock Warranty: Due to normal expansion and contraction of building materials and normal settling of the Home, some minor sheetrock cracks may occur. One time during the Warranty period, Seller will make needed drywall repairs to cracks due to this settling and expansion or contraction. Seller will be responsible for any touch-up or repainting needed as a result of such repairs. Warranty Period: One (1) year after the Commencement Date. Specific Exceptions: Touch-up paint may not match the original paint exactly. Repairs will not be made on flaws that are visible only under particular light conditions. Exterior Trim Warranty: Separations or cracks in excess of 1/4 “ will be repaired by Seller by caulking or other method deemed appropriate by Seller. Warranty Period: One (1) year after the Commencement Date. Specific Exceptions: Knotholes are a natural occurrence in wood and are not covered by this Warranty. Exterior beams and posts used in construction may warp, twist, and develop cracks. Unless these conditions affect the structural integrity of the home, no repair is provided. Trim joints are filled with caulking which, over a period of time, can crack, peel, flake or pull away from time boards and windows. This is not covered by this Warranty. Recaulking is a Buyer maintenance responsibility. Electrical Systems Warranty: If electrical outlets, switches, circuit breakers, fuses, receptacles and fixtures do not function as intended, Seller will repair or replace them. Any electrical wiring that fails to carry its designed load will be repaired to meet specifications. Warranty Period: One (1) year after the Commencement Date. Specific Exceptions: Light bulbs and tubes are not covered by this Warranty. Garage Door Warranty: The garage door should operate smoothly and with reasonable ease. The door can become misaligned and require adjustment, which Seller will provide unless the problem is caused by the installation of a garage door subsequent to closing on the Home. Warranty Period: One (1) year after the Commencement Date. Specific Exceptions: Garage overhead doors cannot be airtight and typically some light will be visible around the edges and across the top of the door. Lot Grading Maintenance of the final grade established by Seller is Buyer's responsibility and is not covered by this Warranty. Gutters and Downspouts Warranty: Seller warrants the gutter and downspout drainage system (if applicable) to be free of significantly defective construction and materials. Warranty Period: One (1) year after the Commencement Date. Specific Exceptions: Gutters are installed level to aesthetic reasons and therefore water may stand in them after a rain. The purpose of the gutter is to channel the bulk of water from the roof to the downspout. A small amount of water may run off the roof tile or paper between the gutter and the fascia board. Some water may wet the stucco near gutter ends and other areas. These are normal conditions and no repair is needed. Hardware Warranty: Doorknobs and locks should operate correctly. Some slight adjustment may be needed due to normal shrinkage of the framing; these will be made by Seller once during the Warranty period. Finishes on all hardware will be covered for the first 90 days after the Commencement Date for defects in brass plating, provided correct cleaning practices have been used. Warranty Period: One (1) year after the Commencement Date for adjustments to doorknobs and locks. Forty-five (45) days after the Commencement Date for finishes on hardware. Wood trim will develop some minor cracks and raised grain as it ages and dries. Much of this will occur during the first year. Raised grain can result in peeling paint; however, this is not due to a defect in materials or workmanship. Paint maintenance of wood trim and gutters is the Buyer's responsibility and is not covered by this Warranty. Wood trim painted white or light colors will more readily show grain or cracks. Seller does not provide correction for this condition. Plumbing Warranty: All drains and sewer lines should operate freely. Proper care is within the control of the Buyer; therefore, Seller will correct obstructions that occur only during the first sixty (60) days after the Commencement Date. Following that, correction of clogged drains will be the Buyer's responsibility. Seller warrants the sewer system connecting the Home to central sanitary sewer lines to be free of significantly defective construction and materials for a period of sixty (60) days after the Commencement Date. Leaks in the plumbing system during the one (1) year warranty period after the Commencement Date will be repaired. If a plumbing leak caused by a warranted item, results in drywall or floor covering damage, this will be repaired matching the original condition and finish as closely as possible. No adjustments will be made for secondary or incidental damages (i.e. wallpaper, drapes, personal belongings, etc.). Any leaks caused by homeowner non-maintenance, abuse or failure to reassemble a plumbing fixture correctly (i.e. flex hose at kitchen pullout faucet), will not be covered under this warranty. Dripping faucets or running toilets during the sixty (60) day warranty period after the Commencement Date will be repaired. See plumbing under this manual for manufacture warranty information and customer service for repairs after 60 days. Consistent “water hammer” will be repaired. Warranty Period: One (1) year or sixty (60) days after the Commencement Date per above information. Specific Exceptions: Changes in temperature or the flow of the water itself will cause some noise in the pipes. This is normal and requires no repair. Temperature variations should be expected if water is being used in more than one location. Hot water will take a bit longer to reach baths that are farthest from the hot water tank. Rough Carpentry Warranty: Wood floors will be level to within ¼” in any 32” distance. Wall that are out of plumb more than ½” in an 8' distance will be corrected. Walls that are bowed more than ¼” in a 32” distance will be corrected. Specific Exceptions: Floor squeaks are unavoidable; Seller does not warrant against floor squeaks. Floor deflect when walked on. This will be more noticeable next to hutches, book cases, chairs, etc. This is not a structural deficiency and is not covered by this Warranty. 8. TERMINATION OF WARRANTY: This Warranty will automatically terminate upon the earlier of (i) when Buyer sells the Home, (ii) when Buyer no longer occupies the Home; or (ii) when the warranty period set forth above for each covered item expires. 9. INSURANCE AND THIRD PARTY CLAIMS: In the even the Seller repairs or replaces or pays the cost of replacing any defect covered by this Warranty for which the Buyer is covered by insurance, a warranty provided by another party or a claim against a third party, Buyer must, upon request of the Seller, assign the proceeds of such insurance or other warranty or claim to the Seller to the extent of the cost to the Seller of such repair, replacement or payment. 10. OTHER INFORMATIVE MATERIAL: Buyer understands and agrees that any binder, information guide or other informational material covering the care and maintenance of the Home or any purported warranty contained therein is not and shall not be deemed to be a warranty. ARBITRATION OF DISPUTES. BY INITIALING THIS SECTION, BUYER AND SELLER AGREE THAT: IN THE EVENT THAT THE PARTIES ARE UNABALE TO RESOLVE ALL OR ANY DISPUTES PURSUANT TO THE PROCEDURES SET FORTH, ANY SUCH UNRESOLVED DISPUTES SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE STREAMLINED OR COMPREHENSIVE RULES AND REGULATIONS OF JAMS/ENDISPUTE. THE AWARD RENDERED BY THE ARBITRATOR (S) SHALL BE FINAL AS LONG AS THE AWARD IS RENDERED IN CONFORMITY WITH STATUTORY AND DECISIONAL LAW. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE RULES AND PROCEDURES FOR THE ARBITRATION INCLUDING THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION OR THE STREAMLINED OR COMPREHENSIVE RULES AND REGULATIONS OF JAMS/ENDIPUTE SHALL CONTAIN PROVISIONS COMPLYING WITH THE FOLLOWING REQUIREMENTS: SELLER SHALL ADVANCE THE FEES NECESSARY TO INITIATE THE ARBITRATION WHT THE COSTS AND FEES, INCLUDING ONGOING COSTS AND FEES TO BE PAID AS AGREED BY THE PARTIES AND IF THEY CAN'T AGREE AS DETERMINED BY THE ARBITRATOR (S) WITH THE COSTS AND FEES OF THE ARBITRATION TO ULTIMATELY BE BORNE AS DETERMINED BY THE ARBITRATOR(S). ADMINISTRATION OF THE ARBITRATION SHALL BE BY A NEUTRAL IMPARTIAL PERSON(S). A NEUTRAL AND IMPARTIAL INDIVIDUAL(S) SHALL BE APPOINTED TO SERVE AS ARBITRATOR(S) WITHIN SIXTY (60) DAYS FROM THE ADMINISTRATOR'S RECEIPT OF A WRITTEN REQUEST FROM A PARTY TO ARBITRATE THE CLAIM OR DISPUTE. IN SELECTING THE ARBITRATOR, THE PROVISIONS OF SECTION 1297.121 OF THE CODE OF CIVIL PROCEDURE SHALL APPLY. AN ARBITRATOR MAY BE CHALLENGED FOR ANY OF THE GROUNDS LISTED THEREIN OR IN SECTION 1297.124 OF THE CODE OF CIVIL PROCEDURE. VENUE OF THE ARBITRATION SHALL BE IN THE COUNTY WHERE THE HOME IS LOCATED UNLESS THE PARTIES AGREE TO SOME OTHER LOCATION.
________________________________ _________________________ Buyer's Signature Date
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