Limited Warranty
For the home located at_________________________________________________________
and constructed by Wall Homes.
The terms of the various coverage of this warranty begin on the closing date or occupancy date, whichever occurs first. The seller warrants the following:
For a period of (1) year following the closing date or occupancy date, the floors, ceilings, walls and other internal structural components of the house which are not covered by other portions of this limited warranty will be free of defects in materials and workmanship.
For a period of one (1) year following the closing date or occupancy date the plumbing, heating, electric wiring systems, and septic tank (if installed by seller) /sewer (portion that is located within property boundaries and was installed by seller to services this home) will be free of defects in materials or workmanship.
For a period of one (1) year following the closing date or occupancy date, the roof will be free of leaks caused by defects in materials or workmanship.
For a period of ninety (90) days following the closing date or occupancy date the following items will be free of defects in materials or workmanship: doors (including hardware), windows, electric switches, electric receptacles, electric fixtures, caulking around exterior openings, plumbing fixtures, and cabinet work.
Cosmetic deficiencies must be reported within twenty (20) days of closing date or occupancy date.
Manufacturer’s warranties: seller assigns and passes through to buyer the manufacturer’s warranties on all appliances and equipment. The following are examples of appliances and equipment ( some of which may not be in the house): range, dishwasher, garbage disposal, garage door opener, ventilating fans, air conditioner unit, heating unit, water heater.
Exclusions from coverage
Seller does not assume risk or responsibility for any of the following items which are excluded from the coverage of this limited warranty:
Defects in appliances or equipment which is covered by manufacturer’s warranties. Seller has assigned these manufacturer’s warranties to the buyer. The buyer should follow the procedure set forth by the manufacturer if defects appear in such items.
Damage due to ordinary wear and tear, abusive use, or lack of proper maintenance of the house.
Defects which are the result of characteristics common to the materials used such as (but not limited to) warping and deflection of wood; fading, chalking and checking of paint due to seasonal/temperature changes; cracks due to drying and curing of concrete, stucco, plaster, bricks, masonry, etc.; drying, shrinking ,and cracking of caulking and weather stripping.
Concrete cracks that are ¼” or less in width or ¼”or less in vertical displacement.
Defects in items installed by the buyer or anyone other than the seller or seller’s subcontractors.
Work done by the buyer or anyone else other than the seller or seller’s subcontractors.
Loss or injury due to the elements.
Conditions resulting from condensation on, expansion or contraction of materials.
Effects of time on paint and wallpaper: Any repairs that involve painting are considered “ touch-ups”, only the immediate repaired area will be repainted. Due to the effects of time on paint and wallpaper, as well as possible dye lot variations, touch-ups are unlikely to match the surrounding area. Touch-ups will be visible in some light conditions.
Paint applied over pressure treated lumber.
Consequential or incidental damages.
Any damage caused or made worse by changes of grading of ground by anyone other than the seller or seller’s subcontractors/ employees.
Any damage caused by drainage or the retention of storm water due to state or local requirements.
Septic system design: The system will be designed by the state and local government authorities. The system will be installed as designed and approved by the county health department. Seller does not assume any further responsibility due to the multitude of variables involved. Any service, maintenance, or alterations required subsequent to the approved installation is the buyers’ responsibility.
Loss of any plant life such as trees, shrubs, flowers, grass or sod. These items have been planted by the seller and are the sole responsibility of the buyer to continue to make them thrive.
Loss, injuries, or damages caused by falling trees or tree limbs.
No other warranties
This limited warranty is the only express warranty given by the seller. Implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and habitability, are limited to the warranty periods set forth above.
Claims procedure
If a defect appears which the buyer believes is covered by this limited warranty, buyer shall inform the seller in writing describing such defect. Buyer should also include what times during the day that they are available at the house so that the seller can schedule service calls appropriately. Buyer must provide the seller with reasonable workday access to home to perform any required service under this limited warranty.
Contact: All letters should be mailed to;
Wall Homes
5732 Highway 58
Harrison, TN 37341
Or emailed to; jwallco@yahoo.com
For emergency contact;
(423) 503-2690 or
(423) 344-7494
Repairs
Upon receipt of buyers’ written report of a defect, if the defective item is covered by the limited warranty, seller will repair or replace it at no charge to buyer within sixty (60) days ( longer if weather conditions, labor problems, or material shortages cause delays). The work will be done by the seller or sellers employees/subcontractors. The choice between repair and replacement is the sellers.
In the event that the seller repairs, replaces, or pays reasonable cost of repair or replacement for any defect covered by other insurance or warranty, Buyer must, upon request by seller, assign said proceeds to the seller to the extent of the sellers cost of such repair, replacement or payment including, but not limited to service charges.
Not transferable
This limited warranty is extended to the original buyer only. When the original buyer sells or vacates the house, this limited warranty automatically terminates.
Entire contract
This agreement constitutes the entire agreement between the parties hereto and may not be supplemented except by a writing signed by both parties.
Survival of representations and warranties
All representations, warranties, and agreements made by the parties to this agreement shall survive closing date.
Notice
Any notice which either party may be required or permitted or may desire to give to the other party must be directed to the address of such party as follows:
Seller: Wall Homes
5732 Highway 58
Harrison, TN 37341
Or jwallco@yahoo.com
Buyer: _________________________
_______________________________
_______________________________
In witness whereof, the parties have executed this contract as of the date and day first above written
Dated this______ day of____________/________
By_______________________ seller (representing Wall Homes)
______________________________________________buyer
______________________________________________buyer
____________________________________________witness