CONTRACTOR’S LIMITED WARRANTY
In consideration of the Agreement for the Repair or Remodel or Rebuilding or Construction(hereinafter the “Work”) at a home or residence for the undersigned Owner, this Contractor’s Limited Warranty Agreement (“Warranty”) is extended by Paul Davis Restoration of Idaho (hereinafter “Contractor”), whose address is 1022 Lincoln Road, Idaho Falls, Idaho 83401, and is accepted and agreed to by (Enter Owner Name) , (hereinafter “Owner”), who is the current Owner of the property or of the Work performed by Contractor at the following address:
______________________________________ , _________________ , Idaho, _______ .
- Contractors Limited Warranty.
- The Contractor warrants its workmanship related to the Work, for a period of five (5) years, by the standards of Repair, Remodeling, Rebuilding or Construction relevant in Idaho Falls, Idaho, the floors, ceilings, walls and other internal structural components of the home; the plumbing (including the septic tank if Contractor installed), heating and electric wiring systems(if applicable); and the roof(if applicable) will be free of defects workmanship, provided by the Contractor. Such Limited Warranty is subject to the terms hereof including specific provisions or other features of the home and appliances, which provisions are controlling.
- The Contractor warrants its workmanship of the Work that by the standards of Repair, Remodeling, Rebuilding or Construction relevant in Idaho Falls, Idaho, for a period of sixty (60) days that the following items will be free of defects in materials or workmanship: doors (including hardware), windows, electric switches, receptacles and fixtures; interior caulking and grout, caulking around exterior openings, plumbing fixtures, and cabinet work.
- Term of Warranty.
- The terms of the various coverage’s of this Contractor’s Limited Warranty begin on the date of final settlement, the date the work is substantially complete, or the date when the Owner first utilizes the Work, whichever comes first.
- Except as otherwise provided herein, the terms of this Limited Warranty terminate five (5) years or sixty (60) days, as applicable, after its commencement. ANY CLAIMS WHICH HAVE NOT BEEN MADE IN WRITING AS PROVIDED HEREIN, WITHIN THE FIVE(5) YEAR OR SIXTY (60) DAY PERIOD, AS APPLICABLE, REGARDLESS OF DISCOVERABILITY, ARE NOT COVERED.
- Manufacturers’ Warranties. The Contractor assigns and passes through to the Owner (to the extent they exist and are assignable), the manufacturers’ warranties on all materials, appliances, fixtures, or equipment supplied by Contractor. Copies of any manufacturers written warranties will be made available upon request. The following items are examples of such appliances and equipment but which list does not constitute a complete list but is given for example only: range, furnace or heat pump, dishwasher, garbage disposal, ventilating fan, light fixtures, plumbing fixtures, air conditioning.
- Exclusions from Coverage. The Contractor does not assume responsibility for any of the following, all of which are excluded from the coverage of this limited warranty.
- CONSEQUENTIAL OR INCIDENTAL DAMAGES.
- This warranty does not cover any appliance, piece of equipment, or other item which is a consumer product for purposes of the Magnuson-Moss Warranty Act (15 U.S.C. Sec. 2301 through 2312.) or otherwise.
- Any defect or damage which is covered by a manufacturer’s warranty. (Manufactures warranties will be assigned to Owner under paragraph 2 of this Limited Warranty).
- Damage resulting from ordinary wear and tear, abuse, neglect or lack of due care or proper maintenance of the house, or from non-residential use of the home.
- Defects that result from characteristics common to the materials used, such as (but not limited to) warping and deflection of wood; facing, chalking and checking of paint from exposure to sunlight; cracks that occurred in the drying and curing of concrete, stucco, grout, plaster, bricks and masonry; drying, shrinking and cracking of caulking, grout and weather stripping.
- Defects in materials or items provided or installed by the Owner or anyone other than the Contractor or subcontractors selected by Contractor.
- Work by the Owner or anyone other than the Contractor or by subcontractors selected by Contractor.
- Loss or damage caused by insects or animals, fire, explosion, smoke, water escape, change or movement of ground water or soils, glass breakage, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, earthquakes or acts of God.
- Conditions resulting from condensation on, expansion of, or contraction of materials.
- Any and all claims not made in writing as provided herein prior to termination of the one (1) year or sixty (60) day warranty period, as applicable.
- Damages which could have been avoided by prompt notification to the Contractor or other action by Owner.
- Defects in any items which was not part of the original home as constructed by the Contractor. Any defect caused by or worsened by negligence, improper maintenance, lack of maintenance, improper action or inaction, willful or malicious acts by any party other than the Contractor, its employees, agents or subcontractors.
- Bodily injury or damage to personal property or damage to real property which is not part of the original home as constructed by Contractor.
- Any item defined as a non-warrantable condition on the Statement of Non-Warranted Conditions provided herewith that is incorporated into this warranty.
- No Other Warranties.
- This expressed limited warranty is the only warranty provided by Contractor. ALL OTHER WARRANTIES INCLUDING IMPLIED WARRANTIES WHICH INCLUDE (BUT IS NOT LIMITED TO) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, AND GOOD WORKMANSHIP AND ANY WARRANTY THAT MIGHT BE CONSTRUED TO COVER THE PRESENCE OF RADON OR OTHER ENVIRONMENTAL HAZARDS OR POLLUTANTS ARE HEREBY DISCLAIMED. IN THE EVENT ANY IMPLIED WARRANTY IS HELD, UPON ADJUDICATION OR ARBITRATION, TO APPLY, NOT WITHSTANDING THE DISCLAIMER HEREIN, SUCH IMPLIED WARRANTY IS LIMITED TO THE SIXTY (60) DAY OR FIVE(5) YEAR PERIOD PROVIDED HEREIN, WHICH EVER PERIOD IS APPLICABLE.
- SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE LIMITATION OF IMPLIED WARRANTIES, SO THE EXCLUSIONS OR LIMITATIONS LISTED HEREIN MAY NOT APPLY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
- Notification of Defects. If Owner believes a defect of the Work is covered by this limited warranty, the Buyer/Owner must, prior to the termination of the Five(5) year or sixty (60) day warranty period as applicable AND within 90 days of the earliest date upon which the Owner first discovered or had reason to discover a defect in the Work covered by this limited warranty, write a letter to Contractor describing the defect and Owner’s expectation related to correcting such defect, and send it via certified mail, return receipt requested to the Contractor at the Contractor’s office address below to register such warranty claim. Failure to provide Contractor notice of any claimed defect according to the terms and conditions listed above, including all timeframes and to properly register such warranty claim shall void any and all such warranty claims.
Paul Davis Restoration of Idaho
ATTN: Warranty Claim
1022 Lincoln Road
Idaho Falls, Idaho 83401
The Owner must tell the Contractor in writing what times during the day that the Owner will be at home, so that the Contractor can schedule service calls appropriately. If an emergency exists or if a delay will cause extra damage (for instance, a defective pipe has burst), the Owner must telephone the Contractor immediately. Only emergency reports will be taken by phone. Failure to immediately notify the Contractor of an emergency under this limited warranty relieves the Contractor of all liability for replacement, repair and all other damages.
- Repairs. Upon receipt of the owner’s written report of a defect, if the defective items is covered by this warranty, Contractor will at its sole discretion provide either repair or replacement of the defect or defective item.
- Not Transferable. This limited warranty is extended to the Owner as the first purchaser of the home and/or its applicable repairs or remodeling and is not transferable. In the event the first purchaser sells the home or moves out of it, this limited warranty automatically terminates.
- Binding Arbitration. With the exception of the remedies specifically preserved herein (which includes claims for money within the jurisdiction limits of the small claims court of the State of Idaho) all disputes are subject to binding arbitration. Upon the demand of a party hereto made before the institution of any judicial proceeding or not more than 60 days after service of a complaint, third party complaint , cross-claim or counterclaim or any answer thereto or any amendment to any of the above, any Dispute (as defined below) shall be resolved by binding arbitration in accordance with the terms of this Arbitration Program. A “Dispute” shall include any action, dispute, claim or controversy of any kind, whether founded in contract, tort, statutory or common law, equity, or otherwise, that can not be litigated in the Small Claims Court of the State of Idaho, now existing or hereafter arising between any of the Parties arising out of, pertaining to or in connection with the construction or purchase of the home or this warranty or any related agreements, documents, or instruments (“Documents”). Any Party who fails to submit to binding arbitration following a lawful demand by another Party shall bear all costs and expenses, including reasonable attorney’s fees, (including those incurred in any trial, bankruptcy proceeding or on appeal) incurred by the other Party in obtaining a stay of any pending judicial proceeding and compelling arbitration of any Dispute. THE PARTIES UNDERSTAND THAT BY THIS AGREEMENT THEY HAVE AGREED THAT EXCEPT AS PROVIDED HEREIN THEIR DISPUTES SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT EXCEPT TO ENFORCE THE DECISION OF THE ARBITRATOR.
- Governing Rules: Arbitration conducted pursuant to this Arbitration Program shall be administered by the American Arbitration Association (“AAA”), or any other mutually agreeable administrator (“Administrator”) in accordance with the terms of this Arbitration Program and Building Arbitration Rules of the AAA or other rules agreed to by the parties. The arbitrator(s) shall otherwise resolve all Disputes in accordance with the applicable substantive law of the State of Idaho. Judgment upon any award rendered hereunder may be entered in any court having jurisdiction.
- Preservation of Remedies. No provision of, nor the exercise of any rights under this arbitration clause shall limit the right of any Party to: (1) pursue a claim within the venue and jurisdiction of the Small Claims Department of the Magistrate Division of the District Court of the State of Idaho as defined at Idaho Code Sec. 1-2301, for claims for money which do not exceed $3,000 in the aggregate; (2) pursue claims of lien or to foreclose a lien or mortgage against any real or persona property collateral security, as necessary to preserve such remedy or to enforce any arbitration award, or obtain a personal or deficiency award; (3) exercise shelf-help remedies (including repossession and set-off rights); or (4) obtain provisional or ancillary remedies such as injunctive relief, sequestration, attachment, claim and delivery, replevin, garnishment, or the appointment of a receiver from a court having jurisdiction; (5) mutually agree to mediation of any dispute. Such rights can be excised at any time except to the extent such action is contrary to a final award or decision in any arbitration proceeding and shall not constitute a waiver of the right of any Party to Arbitration. Any claim or Dispute related to exercise of any self-help, auxiliary or other rights under paragraph shall be a Dispute hereunder.
- Arbitrator Powers and Qualification; Awards. The Parties agree to select a neutral “qualified” arbitrator to resolve any Dispute hereunder. In the event the parties cannot agree then the parties shall proceed as provided by the provisions of the AAA, except as provided herein. The arbitrator(s) shall be empowered to, at the written request of any Party of any Dispute, (1) to consolidate in a single proceeding any multiple party claims that are substantially identical or based upon the same underlying transaction; and (2) to consolidate any claims and Disputes between other Parties which arise out of or relate to the subject matter hereof , including all claims by or against subcontractors or suppliers. In any consolidated proceeding the first arbitrator(s) selected in any proceeding shall conduct the consolidated proceeding unless disqualified due to conflict of interest. The arbitrator(s) shall be empowered to resolve any dispute regarding the terms of this arbitration clause, including questions about the arbitrability of any Dispute, but shall have no power to change or alter the terms of this Arbitration Program. Each party shall be responsible to pay one half (1/2) of the costs and fees of the arbitration and for their respective costs including attorneys’ fees in any arbitration. The award of the arbitrator(s) shall be in writing and shall set forth the factual and legal basis for the award.
- Miscellaneous. All statues of limitation applicable to any Dispute shall apply to any proceeding in accordance with this arbitration clause. The Parties agree, to the maximum extent practicable, to take any action necessary to conclude an arbitration hereunder within 180 days of the filing of a Dispute with the Administrator. The arbitrator(s) shall be empowered to impose sanctions for any Party’s failure to proceed within the times established herein. Arbitration shall be conducted in Idaho Falls, Idaho. The provisions of this Arbitration Program shall survive any termination, amendment, or expiration hereof or of the Documents unless the Parties otherwise expressly agree in writing. Each Party agrees to keep all Disputes and arbitration proceedings strictly confidential, except for disclosures of information required in the ordinary course of business of the Parties or as required by applicable law or regulation. If any provision of this Arbitration Program is declared invalid by an court, the remaining provisions shall not be affected thereby and shall remain fully enforceable.
- Entire Agreement. This Contractor’s Limited Warranty and Statement of Non-Warranted Conditions constitute the entire integrated agreement and understanding between the parties, superseding all prior communications, oral or written. No statements, promises, or inducements made by either party or agent of either party, express or implied, shall be valid or binding if not contained in this written agreement. No modifications to the Agreement shall be effective or binding unless in writing over the dully authorized signatures of the parties hereto. This section shall not be deemed waived by any modification or alteration which does not conform to the above provisions of this section.
- Invalidity. In the event that any one or more of the provisions of this Warranty shall for any reason be held to be invalid, illegal, or unenforceable, the remaining provisions of the Agreement shall be unaffected thereby and any implied warranties construed to be applicable or not disclaimable by a court of competent jurisdiction shall be deemed limited to the warranty period (term) set forth herein.
Entered into as of date of last signature of the parties hereto.
Paul Davis Restoration of Idaho, Contractor
___________________________________ By: ________________________________
(Print Name) (Print Name and Title)
STATEMENT OF NON-WARRANTED CONDITIONS
A house requires more maintenance and care than most products because it is made of many different components, each with its own special characteristics. The Owner must understand that like other products made by humans, a house is NOT PERFECT. It will show some minor flaws and unavoidable defects, and it may also require some adjustments and touching up.
As described in the Contractors Limited Warranty of which this is made a part, the Contractor will correct certain defects that arise during defined time periods after construction is completed, which are covered under that warranty. Other conditions, including (but not limited to) those listed in this statement of non-warranted conditions, are not covered under the Contractor’s Limited Warranty. Items that are not covered by the Contractor’s warranty may be covered by a manufacturers’ warranties such as for materials, appliances or equipment. The Owner should read these carefully and understand that the Owner has not contracted with the Contractor to correct certain types of problems that may occur in the buyer’s house. These guidelines are intended to also alert the Owner to certain types of maintenance (a) that are the responsibility of the Owner and (b) that would lead to any problems if they are neglected. If the Owner has any questions, he or she should ask the Contractor and consult an attorney before signing.
- Concrete. Concrete foundations, steps, walks, drives and patios can and will develop cracks that do not affect the structural integrity of the building. These cracks are caused by characteristics of the concrete itself. No reasonable method of eliminating these cracks exists. This condition does not affect the strength of the building. Cracks in concrete do not constitute defects that are covered by this warranty.
- The use of any ammonia sulfate based product such as deicers or rock salt will be harmful to concrete, especially concrete less than a year old and is generally stated so on the package of all deicer on the market. The use of this type of product will nullified any warranty against spalling of concrete. (Spalling of concrete is the chipping or flaking of the concrete surface). No product that produces enough heat to melt ice is guaranteed, to NOT HARM THE SURFACE OF CONCRETE. Concrete experts recommend special sealant that may be applied. It is recommended that concrete sealant be applied AFTER the first year.
- Masonry, Mortar, Plaster, Stucco, and Synthetic Stucco. Masonry and mortar can develop cracks from shrinkage of either the mortar or the brick. Paint over newly plastered or sheetrocked interior walls will likewise show shrinkage cracks. Stucco and Synthetic Stucco can develop cracks due to shrinkage. These conditions are normal and are not a defect.
- Wood. Wood will sometimes check, crack or the fibers will spread apart because of the drying out process. This condition is most often caused by the heat inside the house or the exposure to the sun on outside of the house. The areas where wood products are joined, such as door/window casings, base trim may also shrink and separate due to the dryness of our local climate. This type of shrinkage also occurs where wood product meets other materials such as tile, vinyl, stucco, metal or other materials used in the construction of the home. All of these conditions are considered normal, and the homeowner is responsible for any maintenance or repairs resulting from them.
- Sheetrock and Drywall. Sheetrock and drywall will sometimes develop nail pops or settlement cracks. Generally these nail pops and settlement cracks are a normal part of the drying out process and are not defects.
- Floor Squeaks. Much has been tried but that little can be done about floor squeaks. Generally, floor squeaks are not defects and will appear and disappear over time with changes in the weather and other phenomenon.
- Floors. Floors are not warranted for damage caused by neglect or the incidents of use. Wood, title, and carpet all require maintenance. Floor casters or pads are recommended to prevent scratching or chipping of wood or tile, and stains should be cleaned from carpets, wood or tile immediately to prevent discoloration. Carpet has a tendency to loosen in damp weather and will stretch tight again in dryer weather.
- Grout and Caulking. Exterior and interior grout and caulking in bathtubs, shower stalls, and ceramic tile surfaces and the like will crack or bleed somewhat in the months after installation. These conditions are normal. Any maintenance or repairs resulting from them are the homeowner’s responsibility. Grout should be sealed by the Owner annually.
- Brick or Stone Discoloration. Most brick and stone may discolor because of the elements, rain run-off, weathering or bleaching. Efflorescence (the formation of salts on the surface of brick walls) may occur because of the passage of moisture through the wall. Efflorescence is a common occurrence, and the homeowner can clean these areas as the phenomenon occurs. Hard water stains caused by sprinklers or sprinkler systems are not a defect. The homeowner should take specific precautions to ensure that sprinklers are adjusted so that they do not spray on any part of the home, especially brick or stone areas.
- Broken Glass. Any broken glass or mirrors that are not noted by the Owner on the final inspection are the responsibility of the Owner.
- Frozen Pipes. The Owner must take precautions to prevent freezing of pipes and sillcocks during cold weather, such as removing outside hose from sillcocks, leaving faucets with a slight drip, turning off the water system and winterization with antifreeze if the house is to be left for extended periods of during cold weather. Sprinkler systems should be winterized annually by a trained professional prior to the onset of cold weather.
- Stained Wood. All items that are stained will normally have an unavoidable variation of colors because of the different textures of the woods. Because of weather changes, doors that have panels will sometimes dry out and leave a small space of bare wood, which the home Owner can easily touch up. These are normal conditions and are not defects.
- Paint. Good quality paint has been used internally and externally on this home. Nevertheless, exterior paint can sometimes crack or check. The source of cracking or checking is most often something other than the paint. To avoid problems with the paint, the Owner should avoid snow buildup, allowing lawn sprinkler to hit painted areas, washing down painted areas, and so on. They Owner should also not scrub latex painted, inside walls and be careful of newly painted walls as they move furniture. The best paint will be stained or chipped if it is not cared for properly. Any defects in painting that are not noted at final inspection are the Buyer’s/Owner responsibility.
- Cosmetic Items. The Owner has not contracted with the Contractor to cover ordinary wear and tear or other occurrences subsequent to construction that affect the condition of features in the home. Chips, scratches, or mars, slight imperfections in tile, woodwork, walls(painted or otherwise), porcelain, brick, mirrors, plumbing fixtures, marble and formica tops, lighting fixtures, kitchen and other appliances, doors, paneling, siding, screens, windows, carpet, vinyl floors, tile floors, hardwood floors, cabinets, shelving and the like are non-warrantable conditions. The upkeep of any cosmetic aspect of the house, including all of these items, is the Buyer’s/Owner’s responsibility.
- Plumbing. Dripping faucets, toilet adjustments, and toilet seats are covered by the Contractor’s warranty for a sixty-(60) day period only. After that, they are the Buyer’s/Owner’s responsibility. If the plumbing is stopped up during the warranty period and the person servicing the plumbing finds foreign materials in the line, the Owner will be billed for the call.
- Alterations to Grading. The Buyer’s/Owner’s lot has been rough graded to ensure proper drainage away from the home. Should the Owner want to change the drainage pattern because of landscaping, installation of patio or service walls, or other reason, the Owner should be sure to retain a proper drainage slope. The Contractor assumes no responsibility for the grading or subsequent flooding or stagnant pool formation if the established pattern is altered. The Contractor also assumes no responsibility for areas around the house which may settle due to excessive watering by sprinkler systems or otherwise, or from run off from roofs or other structures. The home owner has the responsibility to evaluate all drainage patterns around the home and maintain patterns which will provide positive drainage away from the structure, including window wells and patios and the use or installation of rain gutters.
- Lawns and Shrubs. The Contractor accepts no responsibility for the growth of grass or shrubs. Once the Contractor grades or seeds and/or sods, and fertilizes the yard(applicable only if this is included in the contract between Contractor and Owner), the Owner must care for and water the plants, grass and plant ground cover and install protective retaining walls or other measures where necessary to prevent erosion. The Contractor will not regrade a yard, nor remove or replace any shrubs or trees, except for those provided by the Contractor which are noted as diseased at final inspection prior to occupancy.
- Roof. During the first year the warranty on the buyer’s roof is for workmanship and materials. After one year a warranty on the roof may be provided by the manufacturer for material only, prorated over the period of the lifetime use of the roof. Warranty claims for any defects in materials will be handled with the manufacture with the Contractor’s assistance. The Contractor will not be responsible for any damages caused by walking on the roof or by installing a television antenna or other item on the roof or by extreme wind, lightning or other extreme weather. These latter conditions are usually covered by the Owner’s insurance policy.
- Heating and Air-Conditioning. The Buyer’s/Owner’s source of heating and air-conditioning is covered by a manufacturer’s warranty. The Owner is responsible for making sure the filters are kept clean and changed on a thirty-(30) day basis. Failure to do so may void the warranty. Having the equipment serviced or checked at least yearly is a good idea.
- Stucco and Related Products. Nationally, most if not all liability insurance carrier’s have excluded the installation of “exterior insulation and finish systems”, commonly referred to as synthetic stucco from coverage under their policies. Any liability coverage associated with the installation of such surfaces have been specifically excluded from Contractor’s general liability policy. This home has or may have exterior areas of the home designed to be covered with synthetic stucco products. Accordingly, Contractor has explained to Owner the potential problems or risks that can be associated with the installation of such products on Owner’s home. Owner accepts the risk of loss or damage as a result of the installation of any synthetic products on this home, and agrees to release Contractor from any liability, now or in the future resulting from such installation, and to hold Contractor harmless from any damages or liability arising from such installation. Contractor has agreed to to use its best efforts to retain a reputable subcontractor to install the synthetic stucco products, who is experienced in this trade and aware of the problem areas associated with the use of synthetic stucco products.
- Disclaimer. The Contractor disclaims and Owner waives (unless otherwise expressly provided for in the Contractor’s Limited Warranty) all other warranties, express or implied, including but not limited the warranties of good workmanship, habitability, merchantability, and fitness of purpose and any warranties that could be constructed to cover the presence of radon or other environmental pollutants. The only warranties the Contractor provides to the buyer are those expressly contained in the Contractors Limited Warranty. All Warranty work shall be done by subcontractors, tradesmen, or employees selected by solely by Contractor, with such selection being unrestricted by Owner. Failure by Owner to allow Contractor to select subcontractors, tradesmen or employees in Contractor’s sole opinion, will automatically void Contractor Limited Warranty, including any and all rights Owner may have in Contractor’s Limited Warranty or for any redress or claim for damage Buyer may have against Contractor for any damages, direct, indirect or consequential resulting from any and all warranty related claims contemplated by Contractor’s Limited Warranty and/or the Statement of Non-Warranted Items.
I acknowledge having read and understood and received a copy of the above statement of non-warrantable items. I understand and agree that this Contractor’s Warranty is limited and that the Contractor is not responsible for conditions or claims not written in the terms of the Limited Warranty.
Paul Davis Restoration of Idaho (Contractor)
_____________________________________ By: ____________________________________