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For inquiries about 10 year warranty visit: www.bondedbuilders.com
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During the warranty period on your new home, the Builder
assures and BBHWA warrants that the covered unit will be free from:
1. Defects in materials or workmanship, as defined in the Performance
Standards attached to your warranty, except defects in appliances,
fixtures and equipment which are not covered by this warranty.*
2. Defects in the electrical, plumbing and mechanical systems, as defined
in the Performance Standards, including wiring, piping and ductwork
portions of the systems.*
Defect in any of the systems resulting from failures in an appliance,
fixture or piece of equipment which are covered by a manufacturer's
warranty are NOT covered by this warranty.
*Defect also subject to the exclusions listed in the
document. |
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Coverage is also provided for Major Structural Defects,
which occur during the term of the Warranty. Subject to the limits
provided in the Warranty, BBHWA will repair or replace a covered Major
Structural Defect or pay the home buyer the reasonable actual cost of
repair or replacement. Repair of the major structural defect is
limited to:
1. The repair of damage to the load-bearing portions of the covered home,
which is necessary to restore its load-bearing ability.
2. The repair of damage to the load-bearing portions of the covered home,
which make the home unsafe, unsanitary or otherwise uninhabitable.
BBHWA is responsible to you, the Homeowner, for total liability of all
Major Structural Defects arising during the term of coverage.
Liability is limited to the amount of coverage not to exceed the original
purchase price. Repair and/or replacement do not extend the Warranty
Term.
A "Major Structural Defect" is actual physical damage to
load-bearing portions of the home. The actual physical damage must
affect the load-bearing function to the extent that the home becomes
unsafe, unsanitary or other-wise uninhabitable and the repair will be
limited to ensure only that the covered home is restored to a condition
approximating the condition just prior to the defect, not to a "like
new" condition. |
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| If the Homeowner and Builder disagree on any claimed
defective item or resulting repairs in accordance with this warranty
and/or the Performance Standards (Form BBS401 attached to the warranty),
the Builder or Homeowner may request third party conciliation. In
such cases the Builder or the Homeowner must contact the BBHWA. The
BBHWA will either complete or mail to the party requesting conciliation a
Claimed Defect Form. Any claimed item must be submitted to the BBHWA
within 30 days from the expiration date of the covered items. A
BBHWA representative will attempt to remedy the problem even before formal
conciliation. If the BBHWA representative is unable to quickly
resolve the problem through informal procedures, BBHWA will arrange a
conciliation meeting at the home or unit location between the Builder, the
Homeowner(s), or their representatives and a conciliator assigned by the
BBHWA. The meeting information will be confirmed before the
scheduled conciliation. During conciliation, evidence presented by
both parties will be evaluated to determine the obligation owed (if
any). The Claimed Defect Form will be signed by the parties
attending the meeting to acknowledge the items being considered. If
a decision is not made at the meeting, the conciliator will inform both
parties of the decision on the claimed item(s) in writing. If
accepted in total, the Builder will comply with the decision and correct
listed items. If a claim decision cannot be resolved informally or
through formal conciliation, either party may request a meeting of a
"Claim Review Group" consisting of the conciliator and third
party representatives for the Homeowner and the Builder. If the
Homeowner or the Builder do not agree to the Claim Review Group meeting
and if either party does not accept in total the final decision of the
conciliator, they should advise BBHWA in writing of their
non-acceptance. When a claim decision cannot be resolved between the
parties, arbitration must be requested. |
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| If, after conciliation, the Homeowner and Builder disagree
on any claimed defective items in accordance with the Warranty and the
Performance standards, the Builder or Homeowner shall request arbitration
by a professional independent arbitration organization. This request
shall be made only after all attempts at conciliation between the
disagreeing parties have failed and shall precede litigation attempted by
either party on items that are specifically included in this
warranty. The parties agree to abide by any decision rendered
through impartial third party arbitration. |
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