Hill Builders New Home Warranty Information
WHO IS COVERED
This Limited Warranty is offered to the ORIGINAL PURCHASER of the home. The Limited Warranty is not transferable to any subsequent purchaser of the home. The term of the Limited Warranty is calculated from the date of Certificate of Occupancy issuance or transfer of subject deed, whichever occurs first, and is hereinafter referred to as “Date of Possession”.
Work done to correct defects or workmanship does not extend Limited Warranty coverage beyond the specified coverage period.
FORM INTENDED TO COMPLY WITH LAW:
Hill Builders and Buyers acknowledge that the form, substance, content and notices contained in this Warranty are intended to comply with the applicable portions of Montana General Laws governing such warranties, contracts and regulations promulgated thereunder. In the event of any instance of nonconformance, only such portion shall be invalid and the portion not in compliance shall be read and interpreted so as to have its intended meaning to the maximum extent under such law and applicable regulations.
TERM OF THE LIMITED WARRANTY-1 AND 2 YEARS AS NOTED BELOW
TWO YEARS from the Date of possession.
MAJOR STRUCTURAL COMPONENTS
The major structural components of your home are defined below. A defect is the actual physical damage to the load-bearing structures of the home which affects their function to the extent that the home becomes unsafe, or otherwise uninhabitable:
BEAMS – The original horizontal wood and steel support members that provide the basic support for the structure.
COLUMNS – The original vertical wood and steel support members that provide support for the structure.
FOUNDATION SYSTEMS AND FOOTINGS – This includes the original concrete foundation walls and slab, the reinforcing components of the slab, and the concrete support systems.
ROOF FRAMING SYSTEMS – The roof rafters, trusses and other components of the roof structure. WALLS AND PARTITIONS – The original interior and exterior walls and dividers of the structure.
LIMITED WARRANTY – Your home is warranted to be free of major structural defects.
REPAIR OF AMAJ OR STRUCTURAL DEFECTIS LIMITED TO:
The repair of damage to the load-bearing components to restore their original intended purpose. The repair of items in the home damaged by the major structural defect which make the home unsafe, or otherwise uninhabitable. Personal furnishings are specifically excluded.
ALL OTHER COMPONENTS –
ONE YEAR GENERAL LIMITED WARRANTY (AS FOLLOWS)
GENERAL LIMITED WARRANTY
Hill Builders will correct defects in materials and workmanship defined as part of the home or the lot upon which the home is located to the limits described on the following pages. The components of the home are defined as:
The home itself, including walls, floors, ceilings, roof, fences (if applicable), doors, cabinets, shelves, closets, balconies, plumbing fixtures, railings, roof coverings, windows, duct work, wiring, piping within the home or on your lot, when these items were included in the sale price of the home. Hill Builders warrants that the work and materials furnished shall be free from defects for a period of One (1) Year following Date of Possession and shall comply with the requirements and specifications detailed in the subject Purchase and Sales Agreement and/or Residential Contracting Agreement. Hill Builders further warrants that unless otherwise so noted, all materials, equipment and appliances furnished shall be new and of good quality. In the event any defects in workmanship or materials, or damage caused by Hill Builders, it’s subcontractors, employees or agents, is discovered within one year after Date of Possession, Hill Builders shall, at its own expense, forthwith remedy, repair, correct, replace, or cause to be remedied, repaired, corrected or replaced, such damage or such defect in materials or workmanship.
The foregoing warranties shall survive Date of Possession and any inspection performed in connection with the agreed-upon work. Buyers acknowledge those reasonable defects arising from expansion or contraction of wood is to be expected and not to be subject to this warranty unless un-workmanlike construction or substandard materials are the cause of such defect.
Buyers likewise acknowledge that concrete walls and slabs are prone to hairline cracks which are not included in this warranty except in the event that the cause is deemed to be due to inferior or sub-standard workmanship and/or material, or subject hairline cracks allow water to seep through.
All warranties for equipment supplied by Hill Builders under this Agreement shall be those given by the manufacturers’ warranties, the Buyers may be required to register or mail in a warrantee card or other evidence of ownership and use of such equipment in order to activate such warrantees.
The Buyers failure to mail in or register such documentation, which failure voids manufacturers’ warranty, shall not create any responsibility for Hill Builders to warranty such equipment. Under many state’s law, sales of goods carry an implied warranty of merchantability and fitness for a particular purpose.
During the stated warranty period Hill Builders shall be responsible for services for repair or adjustments BUT Hill Builders shall NOT be responsible for normal maintenance, or repair due to abuse or misuse, and normal wear and tear, which shall be the responsibility of the Buyers. In the case of service by Hill Builders under the warranty provision, the choice of repair or replacement shall be at the discretion of Hill Builders. All claims for adjustments repair or replacement shall be made by the Buyers, in writing, and mailed by postage prepaid first class mail to Hill Builders at the address stated in the subject Purchase and Sales Agreement.
Your request will be reviewed and we will inspect the problem to determine its coverage under the Limited Warranty. If the request is within the specifications of the Limited Warranty, we will repair or replace the item, at our sole discretion, at no charge to you. All repairs will be performed in a reasonably timely manner. Our responsibility is limited to restoring the home to its condition at the date of the request. All work will be done by Hill Builders or by a trade contractor of our choice. Weather conditions, shortage of material or labor may extend the time needed to complete the request. Unless agreed to in writing, there will be no reimbursement to the Buyers for any repairs, replacements, or work that is done by the Buyers, agents of the Buyers, or others who are not specifically authorized by Hill Builders.
LIMITED WARRANTY – Hill Builders _______________________ Date ___________ warrants that the roof weatherproofing, underlayment and flashing system will be free from leaks and defects. The roofing material is warranted by the manufacturer. This warranty is passed through to the original homeowner. EXCEPTION – This Limited Warranty does not cover defects which occur because of acts, or circumstances, which are beyond our control. Damages caused by winds in excess of normal for the area, or by blown or falling objects are not covered.
DRAINS, TOILETS, AND FAUCETS
LIMITED WARRANTY – Hill Builders warrants that the faucets and toilets will function normally and that the drains will flow properly. The faucets installed in your home are warranted by the manufacturer. This warranty is passed through to the original homeowner.
EXCEPTION – Sewer back-up/blockages resulting from Buyers negligence are not covered. Leaks, drips or other defects defined and covered by the manufacturer’s warranty are to be referred to the manufacturer for repair. Repair damage to drains, faucets and toilets caused by the homeowner or others, which are not due to defects in materials and workmanship, are not covered.
LIMITED WARRANTY – Hill Builders warrants the structural components of the plumbing system; the pipes, fittings and connections to be free of defects in materials and workmanship and in compliance with applicable State and local Codes in effect at the time of “Date of Possession”.
EXCEPTION – The limited warranty does not cover the water heater or other component parts of the plumbing system warranted by the manufacturer. Repairs to damaged plumbing systems, caused by the Buyers or others, and which is not the result of defects in materials and/or workmanship, are not covered.
CONCRETE, MASONRY AND DRIVEWAYS
LIMITED WARRANTY – Hill Builders warrants concrete, brick, stone and other masonry materials against substantial defects. Substantial defects means large cracks in the house and garage slabs, driveways, walks and other masonry which significantly interrupt the surface or reduce the required structural strength of the material or results in the non-functioning for its intended use and purpose.
EXCEPTION – Small cracks in concrete, brick or other masonry and minor separation of grout or mortar are not defects. Hill Builders will not repair the cracks and separations defined above when they fall within accepted industry standards in place at the time that your home was constructed. Damage caused by heavy machinery, trucks, or unusual loads placed on driveways or an adjacent concrete slab is not covered. Color variations and color mottling of completed concrete slabs, driveways, patios, and walkways may occur. These color variations are not defects and are not covered by the Limited Warranty.
HEATING AND AIR CONDITIONING LIMITED WARRANTY
Hill Builders warrants the heating and air conditioning system to be free of substantial defects in materials and workmanship. This system was installed in keeping with good heating and air conditioning practices. Furthermore, we warrant that the system will operate in the original finished rooms of the home, considering its architectural style and other design features and be in compliance with applicable State and local Codes in effect at the time of “Date of Possession”.
This Limited Warranty covers the ductwork, registers, piping and wiring that is part of your home.
EXCEPTION – The furnace, air conditioning coil and condenser, or any other part of the heating and cooling system which is covered by expressed manufacturer’s warranties, are not covered by the Limited Warranty. These warranties are passed directly to the original Buyers.
LIMITED WARRANTY – Hill Builders warrants the wallboard and veneer coat applied to the interior walls to be free of substantial defects. Substantial defects means cracks or other irregularities that significantly interrupt the wall surface and the following: visible seams, joints and fastening patterns, pronounced texture inconsistencies, fractured or broken wallboard.
Hill Builders recognizes that small settling cracks will develop at joints and seams under the plaster finish. This is a direct consequence of the settling and dry-out of the framing materials and stabilizes within 90 days after occupancy. This circumstance is normal and will be repaired one time during the term of The Limited Warranty.
LIMITED WARRANTY – Hill Builders warrants the exterior siding against substantial defects related to the installation of these materials. Substantial defect means pulling away from the walls of the dwelling, splits or cracks that are not normally associated with the particular siding product or defects that may allow the admission of water. Hill Builders passes directly to the Buyers all expressed manufacturer’s warranties on these siding products.
EXCEPTION – Hairline cracks and slight separation between adjacent shingles that is normally associated with the weathering of white cedar shingles is not covered by the Limited Warranty.
TILES AND COUNTERTOPS
Hill Builders warrants that the ceramic tile, Corian, granite, or marble countertops will be free of substantial defects. Substantial defects mean material breakdown or failure, significant surface interruptions, failure of the bond or attachment to the cabinets.
EXCEPTION – Small cracks in grout or material seams are not covered by the Limited Warranty.
Hill Builders warrants the installation of flooring materials to be free from defects in installation and workmanship. These materials are also warranted by the manufacturer. This warranty is passed directly to the original purchaser.
LIMITED WARRANTY – Hill Builders warrants the electrical system, including all wiring, connections and electrical boxes, to be free of defects in material and workmanship and in compliance with applicable State and local Codes in effect at the time of “Date of Possession”.
EXCEPTION – The limited warranty does not cover damage due to homeowner neglect or modification.
LIMITED WARRANTY – Hill Builders warrants that the installation of windows shall be in keeping with standard trade practices and that the windows supplied shall perform to their normally intended use. The Buyers are specifically advised that the inherent property of wood to expand during the wet winter months and contract during the dry summer months will impact the performance of the operative windows. On certain exposures at different times of the year, wood windows will be influenced by hot morning and afternoon sun causing large casement glass panels to be more difficult to latch. Furthermore, wood windows require regular visual inspection and prompt repair of cracked or deteriorated paint film Hill Builders passes on to the original Buyers all applicable expressed manufacturer’s warranties.
EXCEPTION – Extreme weather conditions with extended periods of wind driven rain may exceed the design capability and performance standards for windows. Water intrusion that results from these conditions is not covered by the Limited Warranty. Moisture which develops within the dual pane window unit is covered under the manufacturer’s warranty passed directly to the original Buyers.
LIMITED WARRANTY – Hill Builders warrants that the all doors, including garage doors, will be free of substantial defects. The Buyers are specifically advised of his responsibility to satisfactorily maintain the finish of all exterior doors. Doors that are covered by expressed manufacturer’s warranties are not covered by the Limited Warranty. These warranties are passed directly to the original Buyers.
EXCEPTION – Extreme weather conditions with extended periods of wind driven rain may exceed the design capability and performance standard for weather-stripping systems. Water intrusion that results from these conditions is not covered by the Limited Warranty. Wood doors will expand in the wet winter months and contract in the dry summer months.
ITEMS NOT COVERED BY THE LIMITED WARRANTY
Damage to real property which is not part of the original purchase price of the home.
Any damages which arise from the home being used for non-residential purposes.
Loss or damage due to excessive loading of floor systems by the homeowner. Any loss or damage which the Buyers have not taken timely action to minimize.
Variations caused by the differences in manufacturer’s dye lots.
Buyers Routine Usage, Repairs, or Alterations – Hill Builders is not responsible for the repair of damage that is caused by the Buyers or agents of the Buyers. This includes attempted repairs to items that might otherwise be covered by the Limited Warranty.
Catastrophes – Hill Builders is not responsible for damages that are caused by Acts of God, lightning, windstorm, hail, flood, wind driven water, changes in the underground watertable, natural catastrophes, pest and rodent infestation, and other circumstances that are beyond our control.
Lack of Timely Maintenance – Hill Builders is not responsible for damages that result from the lack of timely maintenance to the home and its components.
Alterations – Hill Builders is not responsible for alterations, changes to the finish grade, or additions by the owner and/or their agents or subcontractors. Any damage resulting from the work of the above is not covered by the Limited Warranty.
Abuse – Hill Builders will not repair damages that result from abuse or by any use for which the damaged part is not intended.
Imperfections in Wood – Hill Builders will not repair hairline cracks in wood or in the minor separation or opening of wooden joints such as those in paneled doors, cabinets, mitered casings or solid paneling that are caused by the normal shrinkage of the wood during the drying process of your home. In addition, Hill Builders is not responsible for cracking, checking, twisting or turning of wood beams unless such a condition prevents the beam from meeting industry structural standards.
External Painting – Hill Builders is not responsible for the normal fading or chalking of paint as a result of exposure to sun, wind and water. When Hill Builders performs exterior paint touch-up, the perfect match of colors is not guaranteed.
Defective Appliances – Appliances, equipment, and other consumer products that are installed in the home are not covered by this Limited Warranty. They are covered by specific expressed warranties from their manufacturer. Hill Builders passes on to the original Buyers all manufacturers’ warranties.