New Home Express Limited Warranty

RWC Limited Warranty

This express limited warranty is the only warranty which will be provided with your new home. It is part of the agreement between BUILDER and BUYER/OWNER. Under this warranty, BUILDER agrees to repair or replace any items covered by the warranty without cost to BUYER/OWNER.

This warranty shall last for one (1) year from the date BUYER/OWNER first occupies the home. The warranty is only extended to BUYER/OWNER, and will end earlier if BUYER/OWNER sells the home prior to the end of the warranty period. This warranty terminates if the home is sold or its title is transferred

ITEMS COVERED UNDER THE RWC LIMITED WARRANTY:
BUILDER will repair or replace, as it deems necessary, any defective materials or workmanship in the structural portions of the home for a period of one (1) year after first occupancy. The structural portions include the walls, floors, roof, decks, ceiling, foundation, windows, ducts, wiring and pipes.  (This Express Limited Warranty does not cover any appliances, equipment, or other items which are consumer products for purposes of the Magnuson-Moss Warranty Act [15 U .S.C. Sec . 2301 through 2312].)

The following items are not consumer products under the Magnuson-Moss Warranty Act when sold as part of a new home, therefore, they are covered by this Express Limited Warranty:

HEATING AND VENTILATION
Ducts, registers and radiators.

MECHANICAL AND/OR ELECTRICAL
Circuit breaker, electrical switches and outlets, electric panel box, fuse, garage door, light fixtures, wiring.

PLUMBING
Bathtubs, laundry tray, plumbing fittings (shower head, faucets, trap, flange around a pipe or fitting and drain.) shower stall, sink, sprinkler head, toilets, vanities.

MISCELLANEOUS ITEMS
Cabinets, ceiling, chimney and fireplace, doors, floor covering (includes carpeting, linoleum, tile, parquet) gutter, shelving shingles, wall or wall covering, windows.

These are examples only. If the item has a function separate and apart from the house, it is likely to be considered a consumer product (such as a water heater or stove), whereas other items (such as floorboards and trusses) are not.

INSPECTIONS AND REPAIR SCHEDULE:

1. Pre-close Inspection Before Occupancy
2. 6 Month Interval
3. 12 Month Interval

BUILDER will repair or replace within thirty (30) days from the date you occupy your home, any minor defects within the home noted on the pre-closing inspection checklist signed by both BUILDER and BUYER/OWNER.
It shall be the BUYER/OWNER responsibility to contact the BUILDER should there be any concerns at the 6 month and 12 month interval such as adjustments to doors or window or any concerns of an incidental nature.
Any items that effect the health or safety of the occupants or problems that may cause continuing damage to the structure should be brought to the attention of the BUILDER immediately by phone followed by written notice. These problems will be taken care of promptly.

ITEMS NOT COVERED UNDER THE LIMITED EXPRESS WARRANTY:

1. Damage from alterations, misuse, or abuse of the covered item by any person.
2. Any items furnished or installed by you or third parties.
3. Damage due to ordinary wear and tear.
4. Damage resulting from fires, floods, storms, electrical malfunctions, accidents, or acts of God.
5. Problems caused by failure to make normal maintenance.
6. Damage resulting from the purchasers failure to observe any operating instructions furnished by BUILDER.
7. Hairline cracks in walls, driveways, sidewalks, or in areas with ceramic tile.
8. Grass, trees and shrubs.
9. Any appliance, equipment, or other item that is a consumer product for the purposes of the Magnuson-Moss Warranty Act, 15 U.S.C. Sec. 2301 et seq., installed or included in the BUYER/OWNER property. Examples as follows:

Dishwasher, microwave, range/oven, garbage disposal, hot water heater, water softener, air conditioner, electronic
air cleaner, furnace, garage door openers, humidifier, thermostats, burglar alarm, whirlpool, and in ground sprinkling system.
(This list is not all inclusive, there may be other items not covered in the home.)

It is the purchasers obligation to properly fill out and mail any manufacturers warranties for equipment installed during construction. In the event of any problem with these items, the home owner should make a warranty claim against the manufacturer.
STATEMENT OF NON-WARRANTABLE CONDITIONS
This statement of conditions that are not subject to the Home Express Limited Warranty ("Warranty") explains
some of the changes and need for maintenance that occur in a new house over the first year after occupancy. A house requires more maintenance and care than most products because it is made of many different components, each with its own special characteristics.
BUYER/OWNER acknowledges that like all other products made by humans, a new house is not perfect. The home may have flaws that BUILDER is not responsible to correct. The BUILDER responsibility is to perform construction to industry standards.
As described in the New Home Express Limited Warranty provided to the BUYER/OWNER, the BUILDER will correct certain defects that arise during defined time periods after construction is completed. Other items that are not covered by the BU ILDER warranty may be covered by manufacturers warranties.
Some conditions, including (but not limited to) those listed in this statement of non-warrantable conditions, are not covered under the Warranty. BUYER/OWNER acknowledges having read this statement carefully and understands that the BUYER/OWNER has not contracted with the BUILDER to correct certain types of problems that may occur in the house.
This statement is intended to alert the BUYER/OWNER to certain types of maintenance that are the responsibility of the BUYER/OWNER and that could lead to problems if they are neglected.

The following list outlines some of the conditions that are not covered by the Warranty:

1. Concrete:
Concrete foundations, steps, walks, drives and patios may develop cracks that do not affect the structural integrity of the structure. Cracks are frequently caused by characteristics of the concrete itself. No reasonable method of eliminating these cracks exists. This condition does not affect the strength of the building. Salt and chemicals can cause considerable damage to concrete and should not be used.
2. Masonry and Mortar:
Masonry and mortar may develop cracks from shrinkage of either the mortar or the brick. This condition is normal.
3. Wood:
Wood will sometimes check or crack or the fibers will spread apart because of the drying out process. This condition is frequently caused by the heat inside the house or exposure to the sun on the outside of the house. This condition is normal, and the BUYER/OWNER is responsible for any maintenance or repairs resulting from it.
4. Sheetrock and Dry wall:
Sheetrock or drywall will sometimes develop nail pops or settlement cracks. Nail pops and settlement cracks are a normal part of the drying out process. These items can easily be handled by the BUYER/OWNER with spackling during normal redecorating. However, if the BUYER/OWNER requests in writing, the BUILDER will send a worker at the end of one (1) year, for a one time only visit, to make the necessary repairs and touch up paint on repair area only.
5. Floor Squeaks:
After extensive research and writing on the subject, technical experts have concluded that much has been tried but that little can be done about floors squeaks. Generally, floor squeaks will appear and disappear over time with changes in the weather and other phenomenon.
6. Floors:
Floors are not warranted for damage caused by neglect or the incidents of use. Wood, tile, and carpet all require maintenance. Floor casters are recommenced to prevent scratching or chipping of wood or tile, and stains should be cleaned from carpets, wood or tile immediately to prevent discoloration. Carpet has a tendency to loosen in damp weather and will stretch tight again in dryer weather.
7. Caulking:
Exterior caulking and interior caulking in bathtubs, shower stalls, and ceramic tile surfaces will crack or bleed somewhat in the months after installation. These conditions are normal and should not be considered a problem.
Any maintenance or repairs resulting from them are the BUYER/OWNER's responsibility.
8. Brick Discoloration:
Most brick will discolor due to rain run-off, weathering or bleaching. Efflorescence - the formation of salts on the surface of brick walls - may occur because of the passage of moisture through the wall. Efflorescence is a common occurrence, and the BUYER/OWNER may clean these areas as the phenomenon occurs.
9. Broken Glass:
Any broken glass or mirrors that are not noted by the BUYER/OWNER prior to occupancy are the responsibility of the BUYER/OWNER.
10. Frozen Pipes:
The BUYER/OWNER must take precautions to prevent freezing of pipes and sillcocks during cold weather, such as removing outside hoses from sillcocks, leaving faucets with a slight drip, and turning off the water system if the house is to be left for extended periods during cold weather.
11. Stained Wood:
All items that are stained will normally have a variation of colors because of the different textures of the wood.  Because of weather changes, doors that have panels will sometimes dry out and leave a small space of bare wood, which the BUYER/OWNER may touch up. These normal conditions are not to be considered defects.
12. Paint:
Quality paint has been used internally and externally on the home. Nevertheless, exterior paint can sometimes crack or check . The source of this defect is most often something other than the paint. To a void problems with the paint, BUYER/OWNER should avoid allowing lawn sprinklers to hit painted areas, washing down painted areas, and so on. The BUYER/OWNER should also not scrub latex painted, inside walls and be careful of newly painted walls as they move furniture. The best paint will stain or chip if it is not cared for properly. Any defects in painting that are not noted prior to occupancy are the BUYER/OWNER's responsibility.
13. Cosmetic Items:
The BUYER/OWNER has not contracted with the BUILDER to cover ordinary wear and tear or other occurrences subsequent to construction that affect the condition of features of the house. Chips, scratches or mars in the tile, woodwork, walls, porcelain, brick, mirrors, plumbing fixtures, marble and Formica tops, lighting fixtures, kitchen and other appliances, doors, paneling, siding, screens, windows, carpet, vinyl floors, cabinets, and the like that are not noted prior to occupancy by the BUYER/OWNER are non-warrantable conditions, and the upkeep of any
cosmetic aspect of the house is the BUYER/OWNER's responsibility.
14. Plumbing:
Dripping faucets, toilet adjustments, and toilet seats are covered by the BUILDER's warranty for the one year warranty period only. After that, they are the BUYER/OWNER's responsibility. If the plumbing is stopped up during the warranty period and the person servicing the plumbing finds foreign materials in the line, the BUYER/OWNER will be responsible for same and will be billed for the call.
15. Alterations to Grading:
The land has been graded to ensure proper drainage away from the house. It is the BUYER/OWNER’s responsibility to maintain positive drainage to prevent entrance of water around the foundation. Should the BUYER/OWNER want to change the drainage pattern because of landscaping, installation of patio or service walks, or other reasons, the BUYER/OWNER should be sure to retain a proper drainage slope. The BUILDER assumes no responsibility for the grading or subsequent flooding or stagnant pool formation if the grade established by BUILDER is altered.
16. Lawn and Shrubs:
The BUILDER accepts no responsibility for the growth of grass or shrubs. Once the BUILDER grades, seeds and/or sods, and fertilizes the yard, the BUYER/OWNER must water the plants and grass the proper amount and plant ground cover, where necessary to prevent erosion. The BUILDER will not re-grade a yard, nor remove or replace any shrubs or trees, except for those that are noted as diseased prior to occupancy.
17. Roof:
During the first year of the Warranty, the roof is covered for workmanship and materials. Warranty claims for any defects in materials will be handled with the manufacturer with the BUILDER's assistance. The BUILDER will not be responsible for any damages caused by walking on the roof or by installing a television antenna or other item on the roof.
18. Heating and Air-Conditioning:
The BUYER/OWNER's source of heating and air-conditioning is covered by a manufacturer's warranty. The BUYER/OWNER is responsible for making sure the filters are kept clean and changed on a 30-day basis. Failure to do so may void the warranty. Having the equipment serviced or checked at least yearly is a good idea.
19. Indoor Air Quality:
It is the BUYER/OWNER's responsibility to control the level of humidity in the home with proper use of the range hood, bathroom fans, and humidifier. Excessive moisture can cause damage and mold. See attached “Notice and Waiver - What Homeowners Should Know About Mold” for additional in formation. Any repairs related to excessive moisture are the BUYER/OWNER's responsibility.  BUYER/OWNER acknowledges having read and received a copy of this Statement. The BUYER/OWNER acknowledges the Non-Warrantable Conditions are conditions that were not contracted for and BUYER/OWNER will not hold BUILDER liable for these conditions.
ADDITIONAL CONSIDERATIONS:
This express limited warranty does not cover any consequential damages to persons or property which
BUYER/OWNER may suffer as the result of any defect in the home which is otherwise within the coverage of this Express Limited Warranty. In addition, this warranty only extends to the actual cost to repair or replace covered items.

Your new home requires a maintenance effort from everyone living in the home to reduce the likelihood of damage due to neglect, improper maintenance or abnormal use. Please refer to the Statement of Non-warrantable Conditions (set forth here in) regarding maintenance information for your new home . We encourage you to call and discuss any specific maintenance problems you may have.
If it becomes necessary to make a claim within the one (1) year warranty period, you must notify us in writing of the claim within the warranty period. If we determine your claim is covered by the warranty, then within sixty (60) days, we will, at our option, repair or replace the defective item.

DISCLAIMER: THE HOME BUILDERS ASSOCIATION OF GREATER KALAMAZOO IS NOT RESPONSIBLE FOR THE PROVISIONS AND INTERPRETATIONS OF THIS CONTRACT AND HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ITS USE. (BUILDER's initials , BUYER/OWNER's initials)
Revised September 18, 2002

Mold. Lately, mold has been in the news. Mold is a type of fungus. It occurs naturally in the environment, and it is necessary for the natural decomposition of plant and other organic material. It spreads by means of microscopic spores borne on the wind, and is found everywhere life can be supported. Residential home construction is not, and cannot be, designed to exclude mold spores. If the growing conditions are right, mold can grow in your home. Most homeowners
are familiar with mold growth in the form of bread mold, and mold that may grow on bathroom tile.  In order to grow, mold requires a food source. This might be supplied by items found in the home, such as fabric, carpet or even wallpaper, or by building materials, such as drywall, wood and insulation, to name a few. Also, mold growth requires a temperate climate. The best growth occurs at temperatures between 40 degrees F and 100 degrees F. Finally, mold growth
requires moisture. Moisture is the only mold growth factor that can be controlled in a residential setting. By minimizing moisture, a homeowner can reduce or eliminate mold growth.
Moisture in the home can have many causes. Spills, leaks, overflows, condensation, and high humidity are common sources of home moisture. Good housekeeping and home maintenance practices are essential in the effort to prevent or eliminate mold growth. If moisture is allowed to remain on the growth medium, mold can develop within 24 to 48 hours.
Consequences of mold. All mold is not necessarily harmful, but certain strains of mold have been shown to have adverse health effects in susceptible persons. The most common effects are allergic reactions, including skin irritation, watery eyes, runny nose, coughing, sneezing, congestion, sore throat and headache. Individuals with suppressed immune systems may risk infections. Some experts contend that mold causes serious symptoms and diseases which may even be life threatening. However, experts disagree about the level of mold exposure that may cause health problems, and about the exact nature and extent of the health problems that may be caused by mold. The Center for Disease Control states that a causal link between the presence of toxic mold and serious health conditions has not been proven.
What the Homeowner can do. The homeowner can take positive steps to reduce or eliminate the occurrence of mold growth in the home, and thereby minimize any possible adverse effects that may be caused by mold. These steps include the following:

1. Before bringing items into the home, check for signs of mold. Potted plants (roots and soil), furnishings, or stored clothing and bedding material, as well as many other household goods, could already contain mold growth.
2. Regular vacuuming and cleaning will help reduce mold levels. Mild bleach solutions and most tile cleaners are effective in eliminating or preventing mold growth.
3. Keep the humidity in the home low. Vent clothes dryers to the outdoors. Ventilate kitchens and bathrooms by opening the windows, by using exhaust fans, or by running the air conditioning to remove excess moisture in the air, and to facilitate evaporation of water from wet surfaces.
4. Promptly clean up spills, condensation and other sources of moisture. Thoroughly dry any wet surfaces or material.
5. Do not let water pool or stand in your home. Promptly replace any materials that cannot be thoroughly dried, such as drywall or insulation.
6. Inspect for leaks on a regular basis. Look for discolorations or wet spots. Repair any leaks promptly. Inspect condensation pans (refrigerators and air conditioners) for mold growth. Take notice of musty odors, and any visible signs of mold.
7. Should mold develop, thoroughly clean the affected area with a mild solution of bleach. First, test to see if the affected material or surface is color safe. Porous materials, such as fabric, upholstery or carpet should be discarded.
8. Should the mold growth be severe, call on the services of a qualified professional cleaner.

Whether or not you as a Homeowner experience mold growth depends largely on how you manage and maintain your home.
Our responsibility as a Home Builder must be limited to things that we can control. As explained in our written limited warranty, provide d by separate instrument, we will repair or replace defects in our construction (defects defined as a failure to comply with reasonable standards of residential construction) for a period of (1) year.

Notwithstanding the limited one (1) year warranty set forth herein, the Homeowner acknowledges that the Home Builder will not be responsible for any damages, costs, or expenses caused by mold, or by some other agent, that may be associated with or caused by the Home Builder's construction, including, but not limited to, property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, and adverse health effects, or any other effects. ALL OTHER EXPRESS OR IMPLIED WARRANTIES, OTHER THAN THE LIMITED WARRANTY SET FORTH HEREIN, INCLUDING AN IMPLIED WARRANTY OF WORKMANLIKE CONSTRUCTION, AN IMPLIED WARRANTY OF HABITABILITY, OR AN IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR USE, PURPOSE, OR MERCHANTABILITY ARE HEREBY WAIVED AND DISCLAIMED.