HBW_307_090114
9
9.
Loss caused, in whole or in part, by any peril or occurrence for which compensation is provided by state legislation or public
funds;
10.
Costs of shelter, transportation, food, moving, storage, or other incidental expenses related to relocation during repair, or
any other costs due to loss of use, inconvenience, or annoyance;
11.
Diminished market value of
Your Home*
*;
12.
Any and all consequential loss or damage, including without limitation, any damage to property not covered by this warran-
ty, any damage to personal property, any damage to property which
You
do not own, any bodily injury or personal injury of
any kind, including physical or mental pain and suffering and emotional distress, and any medical or hospital expenses, or
lost profits;
13.
Any and all exclusions set forth in Section X (Construction
Performance Guidelines
);
14.
Any
Defect
or
Structural Defect
first occurring after the applicable term of the Warranty expires.
15.
Defects
or
Structural Defects
that first occur or
You
knew about prior to the
Effective Date of Warranty
such as “walk-
through” or “punch list” items.
*
Homes With FHA/VA Financing Only
– If
You
are the original owner and
Your Home
has original FHA/VA financing still in effect,
termite damage shall be covered for one year from the
Effective Date of Warranty
;
**Homes With FHA/VA Financing Only
– If
You
are the original owner and
Your Home
has original FHA/VA financing still in effect,
“Diminished market value of the
Your Home
” is deleted.
SECTION IX.
MANUFACTURERS AND OTHER SIMILAR WARRANTIES.
Your
warranty does not apply to any manufactured item such as appliances, fixtures, equipment (except as specifically defined in the
Construction
Performance Guidelines
) or any other item which is covered by a manufacturer’s warranty, nor does it cover defects in
any systems that are caused by failure of any such manufactured item.
Appliances and items of equipment not covered by this Limited Warranty include but are not limited to; air conditioning units, attic
fans, boilers, burglar alarms, carbon monoxide detectors, ceiling fans, central vacuum systems, chimes, dishwashers, dryers, electric
meters, electronic air cleaners, exhaust fans, fire alarms, freezers, furnaces, garage door openers, garbage disposals, gas meters,
gas or electric grills, heat exchangers, heat pumps, humidifiers, intercoms, outside lights or motion lights not attached to the
Home
,
range hoods, ranges, refrigerators, sewage pumps, smoke detectors, solar panels, space heaters, sump pumps, thermostats, trash
compactors, washers, water pumps, water softeners, water heaters, whirlpool baths, and whole-house fans. This warranty does not
affect or limit in any way any manufacturer’s warranty.
SECTION X.
CONSTRUCTION PERFORMANCE GUIDELINES
.
The following Construction
Performance Guidelines
apply only to the One Year Workmanship and Two Year Systems Warranty.
The Construction
Performance Guidelines
are standards that
Your Builder/Seller’s
construction should meet. Noncompliance with
these construction guidelines calls for corrective action by
Your Builder/Seller
.
Builder/Seller
will try to its best ability to match and
replace with
Your
original choice of colors and materials, except where
You
custom-ordered the items.
Builder/Seller
cannot be
responsible for discontinued items, changes in dye lots, colors or patterns, or items ordered outside of the original construction, or
normal wear and deterioration.
It is virtually impossible to develop Construction
Performance Guidelines
for each possible deficiency. Therefore, the construction
industry and 2-10 HBW have attempted to identify the most common actual physical damage deficiencies that occur and also who
has responsibility for the guideline,
Your Builder/Seller
, or
You
. Where a specific Construction
Performance Guideline
has not
been specified, the guidelines found in the publication Residential Construction
Performance Guidelines
4th Edition-Contractor
Reference, National Association of Home Builders (NAHB), will apply. Copies of this publication may be special ordered through
most book retailers, or purchased directly from the NAHB Bookstore by calling 1-800-223-2665. The NAHB Bookstore may also
be reached online at
. If an item is not covered in that publication, locally accepted trade practices of the
construction industry will be used.
