RWA CONSTRUCTION WARRANTY

 

 

 

            As part of the consideration herein, Seller hereby warrants and guarantees all materials and workmanship used in the construction of the improvements on the subject real estate against structural and mechanical defects brought to Seller’s attention in writing for a term of one (1) year after the date of closing of this sale. Seller, at his expense, shall make all repairs and replacements of any nature or description to the improvements, interior and exterior, structural or non-structural, as shall become necessary by reason of faulty workmanship or materials which are brought to Seller’s attention in writing within one (1) year after the date of closing. The choice between repair or replacement shall be solely that of Seller. Seller shall not be liable nor responsible for, nor obligated to repair or correct, any workmanship performed or materials supplied by buyer, or performed by anyone other than Seller or his employees, agents, contractors, or subcontractors, or for any defects to the extent caused or made worse by negligence, improper maintenance, or improper operation by anyone other than Seller, his employees, agents, contractors, or subcontractors. Seller does not warrant against hairline cracks, pitting, scaling, or spalling of concrete surfaces caused by weather, salt, chemicals, mechanical implements, or other factors beyond Seller’s direct control. Seller does not guarantee the life of grass, sod, trees, or shrubs planted by Seller, his employees, agents, contractors, or subcontractors, against damage caused by weather, nor against unsatisfactory growth due to inadequate watering or cultivation by Buyer or against other causes beyond Seller’s control. The express written warranties provided in this paragraph are in lieu of any implied warranties, including, without limitation, those of habitability, fitness for a particular

purpose or merchantability. Furthermore, the said warranties shall survive the recording of the Warranty Deed and shall not merge therewith.

 

            Seller shall furnish to/assign over to Buyer warranties given to Seller by suppliers of appliances, machinery, equipment, plants, etc., incorporated into the improvements.

 

           

Not withstanding the provisions of the aforesaid warranty, Seller shall not be liable or responsible for, nor obligated to repair or replace:

  1. minor imperfections in work performed or in materials supplied, which Buyer hereby acknowledges are normal and expected, or defects which are the result of characteristics of the materials when properly used;
  2. shrinkage or movement cracks in woodwork, doors and hardwood floors (Buyer recognizes that wood by its very nature will expand and contract);
  3. cracks and nail-pops caused by normal shrinkage of materials and/or due to outside vibrations and shocks;
  4. yellowing or other discoloration of materials caused by sunlight, lack of sunlight, or cleaning products;
  5. any defects to the extent caused or made worse by the failure of Buyer to perform general maintenance or to properly care for the improvements, including without limitation, the defect within a reasonable time after discovery by buyer;
  6. normal wear and tear or normal deterioration;
  7. damage from insects, accidents, fire, explosion, smoke, lightning, or other casualty losses or acts of God or damage caused in anyway by the elements; and for the improvements, including without limitation, the defect within a reasonable time after discovery by buyer;
  8. normal wear and tear or normal deterioration;
  9. damage from insects, accidents, fire, explosion, smoke, lightning, or other casualty losses or acts of God or damage caused in anyway by the elements; and
  10. sinking or shifting of land untouched by Seller or due to causes beyond Sellers reasonable control.

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