2-10Warranty - page 11

HBW_307_090114
8
shall prepare in writing and provide to the parties an award including factual findings and the reasons on which his
decision is based. A party may apply to such court for an order confirming, modifying or vacating the award, and upon the
court’s review of (a) whether the findings of fact rendered by the arbitrator are supported by substantial evidence and (b)
whether, as a matter of law based on such findings of fact, a judgment shall be entered in favor of either party consistent
with such review.
*Homes With FHA/VA Financing Only – If You are the original owner and Your Home has original FHA/VA financing still in
effect, in lieu of any right to have a claim resolved in a judicial proceeding, You may, at Your election, submit to arbitration
all claims, disputes and controversies by or between You, the Builder/Seller, the Warranty Insurer and/or 2-10 HBW,
arising from or related to the warranty. In addition, 2-10 HBW and/or the Warranty Insurer will offer pre-arbitration
conciliation at no cost to You.
SECTION VII.
YOUR RESPONSIBILITIES UNDER THIS EXPRESS LIMITED WARRANTY.
You
are responsible for proper maintenance of
Your Home
including maintaining
Builder/Seller
-set grades around the
Home
, planting
trees and shrubs at the proper distance from the
Home
, and conforming to generally accepted landscape practices for
Your
region.
Your
Builder/Seller
is not responsible for problems that arise if
You
do not meet these responsibilities. Also, all new
Homes
go through a
period of settlement and movement, and
Your Home
may experience some minor material shrinkage, cracking and other events which
are normal and customary. Examples include small cracks in drywall and paint; and separation where dissimilar materials meet each
other — for example, where moldings meet sheetrock, or where tile grout meets a sink. In most cases, paint and caulking is all that is
necessary to conceal these types of blemishes that result from the natural expansion and contraction of construction material. Because
these events are normal and customary, they are not a
Defect
or
Structural Defect
that are covered by this express limited warranty.
SECTION VIII.
EXCLUSIONS.
This Warranty does not provide coverage for any of the following items which are specifically excluded.
1.
Damage to land and other real property that was not part of
Your Home
, or any property that was not included in the pur-
chase price stated on the
Certificate of Warranty Coverage
;
2.
Damage to or
Defects
in swimming pools, tennis courts and other exterior recreational facilities; driveways; boundary walls,
retaining walls and bulkheads (except where boundary walls, retaining walls and bulkheads are necessary for the structural
stability of the
Home
); fences; landscaping (including sod, seeding, shrubs, trees, and plantings); sprinkler systems, patios,
decks, and porches, outbuildings, detached carports, or any other appurtenant structure or attachment to the dwelling; or
other additions or improvements not a part of
Your Home
;
3.
Loss or damage which arises while
Your Home
is being used primarily for nonresidential purposes;
4.
Changes in the level of underground water table which were not reasonably foreseeable at the time of construction of
Your
Home
;
5.
Failure of
Your Builder/Seller
to complete construction or construction which is noncompliant with plans and specifica-
tions; violations of local or national building codes, ordinances or standards;
6.
Any condition which has not resulted in actual physical damage to
Your Home
;
7.
Any loss or damage that is caused or made worse by any of the following causes, whether acting alone or in sequence or
concurrence with any other cause or causes whatsoever, including without limitation:
a.
Negligence, improper maintenance, defective material or work supplied by, or improper operation by, anyone other
than
Your Builder/Seller
or its employees, agents or subcontractors, including failure to comply with the warranty
requirements of manufacturers of appliances, equipment or fixtures;
b.
Your
failure to give prompt and proper notice to 2-10 HBW and
Your Builder/Seller
of any
Defect
or
Structural Defect
;
c.
Change of the grading of the ground that does not comply with accepted grading practices, or failure to maintain the
original grade;
d.
Riot or civil commotion, war, vandalism, hurricane, tornado or other windstorm, fire, explosion, blasting, smoke, water
escape, tidal wave, flood, hail, snow, ice storm, lightning, falling trees or other objects, aircraft, vehicles, mudslide, landslide,
avalanche, earthquake, volcanic eruption, sinkholes or geological phenomena involving subsurface slope instability;
e.
Abuse or use of
Your Home
, or any part thereof, beyond the reasonable capacity of such part for such use;
f.
Microorganisms, fungus, decay, wet rot, dry rot, soft rot, rotting of any kind, mold, mildew, vermin, termites, insects,
rodents, birds, wild or domestic animals, plants, corrosion, rust, radon, radiation, formaldehyde, asbestos, any solid,
liquid or gaseous pollutant, contaminant, toxin, irritant or carcinogenic substance, whether organic or inorganic, and
electromagnetic field or emission, including any claim of health risk or uninhabitability based on any of the foregoing*;
g.
Your
failure to minimize or mitigate any defect, condition, loss or damage as soon as practicable;
8.
Any loss or damage caused by buried debris, underground springs, sinkholes, mineshafts or other anomalies which were
not reasonably foreseeable in a building site
You
provided;
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