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Warranty

 

Warranties Matter

Before hiring, ask about the warranty.

As you research remodeling companies, you'll find there are 2 types of warranties:

  1. Product warranty—from the manufacturer
  2. Workmanship warranty—from the remodeling company

Read through each of these warranties before you buy anything. Furthermore, ask the manufacturer/installer about anything you don’t understand or agree with. If they won't explain the legalese, walk away.

Workmanship warranties will always have some disclaimers—just like any other warranty for any product. But with this info, you'll be able to tell what's covered and (potentially more important) what's not covered and if it's worth your investment.

Warranty

5 YEARS WARRANTY

This Limited Warranty is Exhibit “E” to the Construction Agreement for Home Renovation (Stipulated Sum Basis) ("Agreement") between Owner and Contractor.

  • LIMITED WARRANTY. Subject to the terms of this Limited Warranty, Contractor agrees that, for the term of this Limited Warranty, the Project will substantially conform with the Construction Standards of the Agreement, which shall include, but not be limited to one of the following:
  • The terms of the current version of the Homeowner Handbook published by the Greater Atlanta Home Builders Association, Inc. that cover the Project (provided that the term "closing" in the Homeowner Handbook will be deemed to be the date of Substantial Completion), supplemented by any higher standards in the current version of the Residential Construction Performance Guidelines for Professional Builders & Remodelers, published by the National Association of Home Builders.
  • The current version of the Residential Construction Performance Guidelines for Professional Builders & Remodelers, published by the National Association of Home Builders.

Owner acknowledges that, before Owner executes the Agreement or the Limited Warranty, Owner received and/or reviewed the current version of the Residential Construction Performance Guidelines for Professional Builders & Remodelers published by the National Association of Home Builders, and, if applicable, the current version of the Homeowner Handbook published by the Greater Atlanta Home Builders Association, Inc. Owner agrees to accept reasonable matches in any repair or replacement in the event the specified or originally used item or material is no longer reasonably available.

  1. TERM.  The term of this Limited Warranty ("Warranty Term") is five (5) years beginning the date of Substantial completion, except, if applicable, for items in the Homeowner Handbook mentioned above that are only warranted to meet a standard on the date of "closing" (which shall mean Substantial completion for purposes of this paragraph).

  • NOTICE TO CONTRACTOR. If there is an item for which Ccontractor has responsibility, Owner must provide written notice of that item to Contractor. The notice must be given in the manner required by the Agreement for notices. The notice must specify the item in detail and must be given to Contractor within the Warranty Term. Contractor shall not be responsible for items for which a required, timely notice has not been given. Owner shall permit Contractor and/or Contractor's agents, employees or contractors, reasonable access to the Property during normal business hours (Monday - Friday, 9:00 a.m. - 5:00 p.m.) to inspect or perform work required under this Limited Warranty, and, if requested by Contractor until 7:00 p.m., unless prohibited by local law or recorded community covenants.

  • EXCLUSIONS.  Excluded from this Limited Warranty are the following:

  • Any items for which Contractor is not responsible under the Construction Standards;

  • Bodily or personal injury of any kind;

  • Mental and emotional pain and suffering;

  • Loss or damage to personal property;

  • Loss or damage resulting from Owner's failure to comply with Owner's obligations or otherwise resulting from Owner's improper maintenance or improper operation;

  • Loss or damage resulting from Owner's failure to provide prompt notice to Contractor of a problem;

  • Any defect, damage, or loss resulting from actions or inactions of persons other than Contractor, such as independent contractors retained by Owner;

  • Consequential or incidental damages of any kind or nature;

  • Loss or damage caused by external forces, such as acts of God, windstorm, fire, explosion, smoke, water, hail, lightning, falling trees, flood, earthquakes, radon or other gassesgases, pollution, toxic substances, civil disturbance, changes in the level of the underground water table which are not reasonably foreseeable at the time of construction, or criminal acts of a third party;

  • Any loss, damage, defect, cost or expense which is caused by an occurrence for which compensation is provided by state legislation, or which is covered by insurance of Owner;

  • Any loss or damage by insects or vermin;

  • Any loss or damage arising while the Property is being used primarily for nonresidential purposes or from the Property being used for nonresidential purposes;

  • Expenses of shelter, transportation, food, moving, storage, or other incidental expenses related to relocation during repair, or any other cost or damages relating to loss of use, inconvenience, or annoyance;

  • Normal wear and tear, normal deterioration, or normal changes that are the result of characteristics common to the materials used;

  • Loss or damage resulting from Owner's failure to comply with warranty requirements of manufacturers;

  • Any appliances, piece of equipment, or other item that is a consumer product for the purpose of the Magnuson-Moss Warranty Act, 15 U.S.C.§ 2301, et. seq., installed or included in the Property, including but not limited to any heating and air conditioning equipment, heat pump, electric air cleaner, exhaust fan, thermostat, space heater, furnace, air conditioning system, humidifier, whirlpool bath, garbage disposal, water heater, water softener, sump pump, refrigerator, freezer, trash compactor, range, oven, kitchen center, dishwasher, oven hood, clothes washer, clothes dryer, ice maker, central vacuum system, smoke detector, fire alarm, fire extinguisher, garage door opener, chime, water pump, intercom, burglar alarm, electric meter, gas meter, or electric barbecue grill;

  • Any Owner or third party supplied materials, fixtures or workmanship;

  • Defects in swimming pools and other recreational facilities;

  • Defects in landscaping, including sodding, seeding, shrubs, trees, plants, and fences;

  • Exterior hardware;

  • Loss or damage resulting from abnormal loading on floors by Owner which exceed design loads as mandated by applicable building codes; and

  • Damage, including but not limited to fading and ghosting of paint or other surfaces, resulting from the use of candles.

  • OPTIONS AVAILABLE TO CONTRACTOR.  In lieu of repairing any item covered by the Limited Warranty, Contractor has the option of replacing such item or paying reasonable sums to Owner with which to have that item addressed by Owner or third party. Unless an item is an emergency or additional material damage would result from delay in addressing it, Contractor has the option of waiting to address all or several items at once or in groups.

MISCELLANEOUS. This Limited Warranty is part of the Agreement and incorporates its terms and provisions (including without limitation those requiring mandatory binding arbitration and mediation), except to the extent they conflict with the terms of this Limited Warranty, in which event the terms of this Limited Warranty shall prevail.