|
Northwest Homecrafters WarrantyThe Contractor warrants that all work has been performed in a commercially expeditious manner and to the standards of the Residential Construction Performance Guidelines established by the National Association of Home Builders, and that there will be no defects in workmanship. This warranty is for a period of twelve (12) months from the earlier date of certificate of occupancy, signing off the building permit (final), the Client taking actual occupancy, partial or total, or the Client moving or storing items or materials in the area or areas affected by construction. This Warranty is given for the benefit of the Client who entered this construction agreement with the Contractor. This Warranty shall terminate if the ownership changes from such first the Client, or in the event the first the Client fails to occupy the improvements for a period in excess of thirty (30) days. Should Warranty work be performed during the stated Warranty period, such work shall not extend the Warranty period beyond the original expiration date as described above in the first paragraph of this section. Except in case of emergency, the Contractor shall perform services required under this Warranty during its regular and normal business hours. Services outside the scope of this Warranty will be furnished at the Contractor’s regularly scheduled rates then in effect. The Contractor shall not be responsible for failure to render service due to causes beyond its control. The Contractor's liability to the Client shall be limited to the performance of service in accordance with this Warranty. This Warranty specifically excludes problems arising from acts of God, acts of a public enemy, acts of any person engaged in sabotage or malicious damage to the premises, fires, flooding, explosions, or other catastrophes such as but not limited to all of those normal exclusions listed as standard language in homeowners insurance policies. The Contractor shall warrant that it will perform all necessary labor to repair or replace all defective work at no cost to the Client, and will expeditiously act in good faith to secure replacement product under warranty of others. The Contractor will correct improper workmanship and repair or replace defective materials or components subject to limitations herein. If a problem occurs which is covered by this Warranty, the Client must notify the Contractor by telephone and in writing prior to the expiration of the 12-month period. When notification is received, the Contractor will take steps to correct the problem. Product manufacturers normally give a 12-month limited warranty on the consumer products in your residence. Under conditions of normal usage, should any such product not perform properly, the appropriate manufacturer should be notified. Any such problems will be corrected by the appropriate party in compliance with the manufacturer's written limited warranty, a copy of which is furnished to the Client at the time of possession. It shall be the responsibility of the Client to complete and mail all warranty cards furnished by the manufacturer on a timely basis. The Client is urged to thoroughly read all instruction manuals before using any appliance and to retain all operating manuals, service and parts catalogues. If a problem is experienced with any of the consumer products, it is the responsibility of the Client to promptly notify the Contractor. The Contractor will notify the appropriate party of the problem identified by the Client. The Contractor will take necessary action to help ensure that the appropriate party resolves said problems in compliance with his warranty. This Warranty shall be void if a person or company other than the Contractor performs any work within the scope of this Agreement. This Warranty shall not apply if repair or replacement is necessitated by accident, neglect, misuse, or if repairs or replacements are necessitated by damage caused by persons other than the Contractor and/or subcontractor. For those materials and/or components installed by the Contractor that are covered by the Warranties of the manufacturers of said materials or components, replacement or repair by the Contractor shall be made in accordance with the provisions of said manufacturers' warranties. Products supplied by suppliers, manufacturers and subcontractors to the project are warranted only to the extent that the suppliers or manufacturers of those products provide a Warranty. In no event shall this Warranty be construed to exceed or extend that of the manufacturers of the products incorporated into the work. The Contractor shall provide all required notices to the proper authorities, and shall obtain all official inspections, permits, certificates, and licenses made necessary by the work to be done by the Contractor within the original scope of this Agreement. The Contractor shall supervise and direct the work, using his best skill and attention. The Contractor shall be responsible for all construction means, methods, techniques, sequences and procedures. The Contractor will install materials specified in this Agreement. Where this Agreement does not call for a specific grade or specification, the Contractor will install materials, which are new and conform to industry practice. The Contractor is not responsible for the suitability or function of materials specified by the Client (whether or not installed by the Contractor), or for the suitability or function of materials installed or worked on by an alternative the Contractor. The Contractor is not responsible for the safeness or function of design(s) furnished by the Client. The Contractor is not responsible for property damage or the consequences thereof caused by chemical, biological or toxic agents or elements that may be part of any building material utilized in construction. The Contractor will not utilize any building material known to the Contractor to be directly toxic or harmful to persons or the environment. The Contractor warrants that all labor, materials and taxes will be paid for, and there will be no potential lien claimants upon the completion of the work and final payment by the Client. All work will be performed in a commercially reasonable manner and will be performed to the standards of the Residential Construction Performance Guidelines established by the National Association of Home Builders or better. The Contractor will promptly return to the project at the Contractor’s sole expense and repair or replace, as necessary, any work, which does not comply with the requirements of this Agreement. The Contractor’s warranty is for a period of twelve (12) months from the earlier date of certificate of occupancy, signing off the building permit (final), the Client taking actual occupancy, partial or total, or the Client moving or storing items or materials in the area or areas affected by construction. Any warranty claim of the Client shall accrue only during this period. Any warranty claim must be written and sent by mail or fax to the Contractor during the warranty period or it is waived. Any warranty claim or any other cause of action arising under the terms of this Agreement, including the warranty, must be filed in a court of competent jurisdiction within four (4) months of the expiration of the warranty. Any unresolved, unasserted or undiscovered claim or cause of action, including any claim for indemnification, which is not filed within four (4) months from the expiration of this warranty is waived. Any claim asserted under this warranty or other terms of this Agreement is expressly limited to claim(s) made in writing and sent to the Contractor during the warranty period as specified above. The Arbitrator shall strictly enforce these terms. Warranty work performed by the Contractor does not extend the warranty. The warranty is void if a person or firm other than this the Contractor performs or re-performs any work within the scope of this Agreement. THIS WARRANTY IS GIVEN IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTY OTHERWISE PROVIDED UNDER THE LAWS OF WASHINGTON, INCLUDING THE WARRANTIES OF FITNESS, MERCHANTABILITY AND HABITABILITY. Manufactured or consumer products such as roofing materials, appliances, hardware, windows, heating and mechanical systems, fixtures, etc. are not separately warranted by the Contractor. In the event the Client encounters a defect in a manufactured or supplied product, the Contractor shall assist the Client in securing the repair or replacement of these products pursuant to the particular manufacturer or distributor’s warranty. If the specifications call for re-use of the Client’s existing equipment, the Contractor will supervise and direct installation, but the Contractor assumes no responsibility as to appearance, functionality, or serviceability of said equipment. Additional areas excluded from this Warranty are the following:
|





