HBW_307_090114
5
Builder/Seller’s
express limited warranty shall be excess of any other valid and collectible insurance available to
You
or
Your Builder/
Seller
, whether primary, pro-rata or excess, and whether or not collected.
E. Emergency Repairs.
An emergency means a substantial risk of serious physical damage to the
Home
or a substantial risk of serious bodily injury
to its occupants if a
Defect
or
Structural Defect
is not immediately repaired. If
You
have an emergency involving a
Defect
or
a
Structural Defect
,
You
must contact
Your
Builder/Seller
immediately, who is responsible for making emergency repairs or
authorizing
You
to make emergency repairs. If
You
are unable to contact
Your
Builder/Seller
,
You
must then (1) make minimal
repairs necessary to avoid the emergency until authorization for more extensive repairs have been approved by
Your
Builder/
Seller
, (2) take any action reasonably necessary to limit additional damage, and (3) report the emergency to the
Builder/Seller
and 2-10 HBW on the next business day.
Except for authorized emergency repairs, do not repair or attempt to repair a claimed
Defect
or
Structural Defect
before the
Builder/Seller
and the Warranty Insurer have had an opportunity to inspect the
Defect
or
Structural Defect
. Any attempt to
repair a claimed
Defect
or
Structural Defect
, other than an authorized emergency repair, will make it impossible to assess
whether the
Defect
or
Structural Defect
was covered by this warranty, whether the repair was correct, cost-effective, necessary,
and effective, or whether the problem could be resolved in another way. Unless an emergency
Defect
or
Structural Defect
repair
is authorized, the
Builder/Seller
and/or the 2-10 HBW
Warranty Insurer
will have no responsibility to reimburse any costs due to
repair, replacement, and expenses, including engineering and attorney’s fees.
SECTION IV.
REPORTING A WARRANTY CLAIM.
A. Workmanship and systems defects.
If
You
believe
Your Home
has a
Defect
that is covered under
Your Builder/Seller’s
Workmanship or Systems Warranty that occurred
during the applicable term of the warranties,
You
must take the steps described in this Section IV.
b. structural defects.
If
You
believe
Your Home
has a
Structural Defect
that is covered under
Your Builder/Seller’s
Structural Warranty,
You
must take the
steps described in Section IV.D.2. Notice of
Structural Defect
must be made by the Homeowner, except for Multi-Family Buildings,
notice for each affected building must be made by the Homeowners’ association or its designated representative, along with a copy of
the
Certificate of Warranty Coverage
for each
Home
in the building.
C. Notice to Your Builder/Seller.
1.
Workmanship and Systems Defect(s) must be reported to the Builder/Seller as soon as possible but no later than 15
days after the expiration of the applicable term of the warranty.
Send written notification to
Your Builder/Seller
listing
completely the specific
Defect(s)
and the date the
Defect(s)
occurred.
The Defect will not be covered under this warranty
if the Notice is received more than 15 days after the expiration of the warranty term.
These time limits are a material
condition of this warranty.
It is recommended (but not required) that
Your
letter be sent by certified mail, return receipt
requested so
You
have a record of when
Your
letter was sent and received.
d. Notice to 2-10 HBW.
1.
WORKMANSHIP AND SYSTEMS DEFECTS MUST BE REPORTED TO 2-10 HBW AS SOON AS POSSIBLE BUT NO LATER THAN
15 DAYS AFTER THE EXPIRATION OF THE APPLICABLE TERM OF THE WARRANTY.
If covered repairs for the Workmanship or Systems
Defects
are not completed by
Your Builder/Seller
within sixty (60) days of
the date
You
sent
Your
letter or before the expiration of the warranty term (whichever date comes earlier),
You
must complete
the following three steps:
a. Complete the appropriate Notice of Complaint Form (“Notice”), which is found at the back of this warranty
booklet.
b. Send one copy of the Notice to
Your Builder/Seller
.
c. Send one copy of the Notice to 2-10 HBW, and include:
1. A copy of
Your Certificate of Warranty Coverage
; and
2. A copy of all correspondence with
Your Builder/Seller
regarding the
Defect(s)
in question to:
2-10 Home Buyers Warranty
Warranty Administration Department
10375 East Harvard Avenue, Suite 100
Denver, CO 80231
Phone: 855.429.2109
We recommended (but do not require) that
You
send this notice by certified mail, return receipt requested, so
You
have
a record of when the notice was sent and received. Include copies of
Your Certificate of Warranty Coverage
and all
correspondence with
Your Builder/Seller
about the
Defect
(s) in question.
