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Shadow Valley Premier
One Year Limited Warranty Agreement
Lot ____ Phase ____ Street
Shadow Valley Master Planned Community, Rogers, AR 72758
hereafter called the “Company,” extends the
One Year Limited Warranty
referred to as “Owner,” who has contracted with the Company for purchase
of the home identified
the purchase price of ______________________________________________________________
commencement date of the warranty is ________________________, and shall
extend for a period of ONE YEAR.
COVERAGE ON HOME EXCEPT CONSUMER PRODUCTS: The Company expressly
warrants to the original Owner of the home that the home will be free
from defects in materials and workmanship due to noncompliance with
customary building standards.
COVERAGE OF CONSUMER PRODUCTS: For purposes of this Limited Warranty
Agreement, the term “consumer products” means all appliances, equipment
and other items which are generally considered consumer products and
which are located in the home on the commencement date of the warranty.
The Company expressly warrants that all consumer products will, for a
period of one year after the commencement date of this warranty, be free
from defects due to noncompliance with generally accepted standards
which assure quality of materials and workmanship. ANY IMPLIED
WARRANTIES FOR ANY SUCH CONSUMER PRODUCTS SHALL TERMINATE ON THE SAME
DATE AS THE EXPRESS WARRANTY STATED ABOVE. The Company hereby assigns
to Owner all rights under manufacturers’ warranties, which are excluded
from coverage of this limited warranty, and Owner should follow the
procedures in the manufacturer’s warranties if defects appear in these
COMPANY’S OBLIGATIONS: If a covered defect occurs during the one year
warranty period, the Company agrees to repair, replace, or pay Owner the
reasonable cost of repairing or replacing the defective item. The
Company’s total liability under this warranty is limited to the purchase
price of the home stated above. The choice among repair, replacement,
or payment is the Company’s. Any steps taken by the Company to correct
defects shall not act to extend the term of this warranty. All repairs
by the Company shall be at no charge to the Owner and shall be performed
within a reasonable length of time.
OWNER’S OBLIGATIONS: Owner must provide normal maintenance and proper
care of the home according to this warranty, the warranties of
manufacturers of consumer products, and other generally accepted
standards. The Company must be notified in writing by the original
Owner of the existence of any defect before the Company is responsible
for the correction of that defect. Written notice of defect and no
action at law or in equity may be brought by Owner against the Company
for failure to remedy or repair any defect about which the Company has
not received timely notice in writing. Owner must provide access to the
Company during normal business hours to inspect the defect reported and,
if necessary, to take corrective action.
INSURANCE: In the event the Company repairs or replaces or pays the
cost of repairing or replacing any defect covered by this warranty for
which the Owner is covered by insurance or a warranty provided by
another party, Owner must, upon request of the Company, assign the
proceeds of such insurance or other warranty to Company to the extent of
the cost to the Company of such repair or replacement.
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE NOT COVERED BY THIS WARRANTY.
EXCLUSIONS: THE FOLLOWING ITEMS ARE NOT COVERED BY THIS LIMITED
A. Cosmetic items that are not completed
prior to closing. All cosmetic items must have been completed prior to
closing and Owner does acknowledge that there will be no further
discussion or demand for such items to be repaired. Cosmetic items
include the following: sheetrock flaws, painting flaws, scratches in
various materials, concrete imperfections, wood imperfections, material
variations, chips, dents, etc.
B. Defect in any item that was not
part of the original home as constructed by the Company.
C. Any defect caused or worsened by
negligence, improper or absence of maintenance, improper action or inaction, willful or malicious acts by any party other than the Company,
its employees, agents or subcontractors.
D. Normal wear and tear of the home or
consumer products in the home.
E. Loss or damage caused by Acts of
God, including, but not limited to fire, explosion, smoke, water escape,
changes which are not reasonably foreseeable in the level of underground
water table, glass breakage, windstorm, hail , lightening, falling
trees, aircraft, vehicles, flood and earthquake.
F. Any defect or damage caused by
changes in the grading or drainage patterns or by excessive watering of
the ground of the Owner’s property or adjacent property by any party
other than the Company, its employees, agents or subcontractors.
G. Any defect which does not cause
actual loss or damage.
H. Any loss or damage which arises while
the home is being used primarily for non-residential purposes.
I. Any defect or damage, to the extent
it is caused or worsened by failure of anyone other than the Company,
its employees, agents or subcontractors, to comply with the requirements
of this warranty, or the requirements of warranties of manufacturers of
appliances, equipment, or fixtures.
J. Loss or damage caused by failure of
Owner to take timely action to minimize loss or damage and/or failure of
Owner to give the Company notice under paragraph 4 of this Limited
K. Bodily injury, damage to personal
property, or real property which is not part of the home.
L. Insect or animal damage.
M. Any and all items purchased, placed,
installed, or built into this property by the Owner or his agents, shall
be specifically excluded from warranty coverage. Any and all items
which could or might be affected by changed or added items will not be
included in warranty coverage.
N. I understand that the Company has
used all diligence, all standard accepted building practices, and all
standard materials and has followed the existing city or county code as
close as is humanly possible, I realize, as the Owner, that the
Company is unable to protect or treat for unforeseen items, such as
attacks by molds, spores, mildews, vermin, fungi or the like. This
does not mean that at some point in the future, these conditions may
exist or make themselves known or even now be in a dormant state. I
also am aware that some items placed in this house, by the very nature
of being organic, natural, man-made or porous, may contain molds,
spores, mildew, vermin, fungi, or the like, that do not, at present,
appear or show any signs of being present. I further state that I
will hold the Company harmless and release it from any and all liability
that such items or attacks may present and I will seek no further
remedies. I further understand that many different conditions and
possibilities may cause any or none of the items to form, grow or
exist. These conditions do not exist as can be determined at the
present time, nor are they known by the Company or me as the Owner at
this time. I further realize, as the Owner, that these conditions may
or may not ever exist. The Company has used all diligence to use
quality accepted materials, standards, practices and techniques. I do
not expect any warranty, nor will I expect this condition to be
warranted. Company herein specifically states that this condition
will not be warranted nor covered in the Company one-yearwarranty, nor
will it have any future remedies. Owner has been made aware that at
some point in the future, a condition may exist wherein molds, spores,
mildew, fungi, vermin, or the like may surface and make their presence
O. Wood will sometimes crack, or “spread
apart” because of the drying process. This condition is most often
caused by heat inside the house or exposure to the sun on the outside of
the house. This condition is considered normal, and the Owner is
responsible for any maintenance or repairs resulting from same.
P. 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 floor
squeaks. Generally, floor squeaks will appear and disappear over time
with changes in the weather. Floor squeaks will not be warranted.
Q. Indoor Air Quality Disclaimer: The
United States Environmental Protection Agency (EPA) has expressed
concern over the presence of radon gas in homes. Prolonged exposure to
high levels of indoor radon, or its progeny, may affect the health of
residents. Although such conditions may exist, the Company has made no
investigation to determine whether radon gas or other environmental
pollutants are present in the home or affecting the premises. The
Company has made no analysis or verification of the extent of the
environmental or health hazard, if any, that may affect the premises or
residents. The Company makes no representations or warranty as to the
presence of radon or hazardous environmental condition, nor as to the
effect of radon or any such condition on the premises or residents.
R. Differing Site Condition Disclaimer:
A differing site is a physical characteristic of the property that
materially changes the construction techniques necessary to fulfill the
terms of the contract and the building of this property. Examples
of differing site conditions are subsurface or latent physical
conditions at the site differing materially from standard
conditions that may have or may not have been known, physical conditions
of any unusual nature located on the building site, such as sink holes,
artesian springs, wet weather springs, rock out crops, or other
naturally occurring conditions or the like. All diligence has been used
to seek remedies for these occurrences and conditions and proper expert
diagnosis and opinions have been used to remedy such known conditions as
is humanly possible, but these items cannot be included in this warranty
and it is strongly suggested that additional insurance be sought as a
remedy for any such condition that now exists or may exist in the
future. These conditions are not warranted and no coverage will be
EXCLUSIVE WARRANTY: The Company and Owner agree that this limited
warranty on the home is in lieu of all warranties of habitability or
workmanlike construction, or any other warranties, express or implied,
to which Owner might be entitled, except as to consumer products. No
employee, subcontractor, or agent of the Company has the authority to
change the terms of this One Year Limited Warranty.
TRANSFERABLE: This limited warranty is extended to the Owner only if
the Owner is the first purchaser of the home. When the first Owner
sells the home or moves out of it, this limited warranty automatically
terminates. It is not transferable to subsequent purchasers of the
home, or to the first Owner’s tenants.
WARRANTY SERVICE: Warranty Service will be performed Monday through
Friday, between the hours of 9:00 A.M. and 4:00 P.M., Central Time. All
warranty services requested must be in writing to the Company. NO
REQUEST WILL BE TAKEN
OVER THE PHONE (except in the case of an emergency).
This is for your protection, as well as ours, and allows us efficient
and accurate operation. All correspondence should be addressed by
or by email to
Allow fourteen (14) working days for correspondence or warranty work
after the receipt of your request. Please include a daytime telephone
number so that repair scheduling may be set.
read through this limited warranty agreement before submitting a
warranty service request. All requests for service must be reported in
writing. Please remember that “cosmetic repairs,” including but not
limited to drywall, paint, doors and wood trim, etc. are not required
repair items after the Owner has moved into the house. We prefer that
the Owner wait thirty (30) days after moving in to submit a warranty
service request. This allows you sufficient time to become settled in
your new home and thoroughly examine all components of your new home.
__________ day of ______________________, 20___.