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[Name] hereby referred to as "Contractor" with signatory below ________________ guarantees _________________ that the construction performed for [Name] hereby referred to as "Owner" is for a certain structure located at _______________. Said structure is to be free from defects in material and workmanship for a period of one year from the date of commencement of use, substantial completion or date of notice of completion whichever is the first to occur:
This Standard Limited Warranty applies and is limited as follows:
01. To the property only as long as it remains in the possession of the original owner named above.
02. To the construction work that has not been subject to accident, misuse and abuse.
03. To the construction work that has not been modified, altered, defaced, and/or had repairs made or attempted by others.
04. That contractor be immediately notified in writing within 10 days of first knowledge of defect by owner or his/her agents.
05. That contractor shall be given first opportunity to make any repairs, replacements and/or corrections to the defective construction at no cost to owner within a reasonable period of time.
06. Under no circumstances shall contractor be liable by virtue of this warranty or otherwise for damage to any person or property whatsoever for any special, indirect, secondary or consequential damages of any nature however arising out of the use or inability to use because of the construction defect.
07. Contractor pledges to Owner that all material, workmanship, and/or building improvements provided for in the course of their remodeling and/or building projects will be free of defects, will be of a specified quality, and will perform properly for a period of one year from the day of commencement of use, substantial completion of the project, or a date of notice of completion of the project, whichever is the first to occur.
08. Contractor will assign and deliver to owner all guarantees, warranties, and quality instructions of all subcontractors, equipment manufacturers, and material suppliers that are applicable to the project.
09. Within 10 days of the first knowledge of any defect, or failure to operate properly, Contractor is to be notified, in writing, of same by owner or his/her agents, Contractor shall be given first opportunity to promptly repair, replace, and/or correct item found to be defective, or that fails to function properly, at no cost to the owner, within, a reasonable period of time. This warranty does not apply to any construction work that has been subjected to an accident, misuse and abuse, nor to any construction work that has been modified, altered, defaced, and/or had repairs made/attempt by others.
10. Contractor is not responsible to Owner for upgrade or additional costs or expenses that may be required to meet current building or zoning code requirements or correct code violations.
11. Any disputes pertaining to said Warranty being affairs that cannot be settled amicably shall be submitted to an arbitrator under the Rules of the American Arbitration Association in the City of [city], whose award may be reduced to judgment in any court of competent jurisdiction.
12. If any provision of this Warranty shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Warranty is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
12. If any provision of this Warranty is held to be illegal, invalid, or unenforceable under any present or future law, then that provision will be fully severable. This Warranty will be construed and enforced as if the illegal, invalid, or unenforceable provision had never comprised a part of this Warranty, and the remaining provisions of this Warranty will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Warranty. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there will be added automatically, as a part of this Warranty, a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid and enforceable.
13. This Warranty will in all events be construed as a whole, according to its fair meaning, and not strictly for or against a party merely because that party (or the party's legal counsel) drafted the Warranty. The headings, captions, and titles in this Warranty are merely for reference and do not define, limit, extend, or describe the scope of this Warranty or any provision herein. Unless the context requires otherwise, (a) the gender (or lack of gender) of all words used in this Warranty includes the masculine, feminine, and neuter, and (b) the word including means including without limitation.
14. Notices. Any notice to be given or to be served upon any party hereto must be in writing and may be given by certified or registered mail, but shall be deemed to have been given and received when a certified or registered letter containing such notice, properly addressed with postage prepaid, is deposited with the United States Postal Service. If notice is given in some manner other than by certified or registered mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed, Such notices shall be given to the parties hereto at the following addresses:
If to the Contractor:
[city, state, zip]
If to the Owner:
[city, state, zip]
Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above.
15. This Warranty may be executed in more than one counterpart and signature pages may be exchanged by facsimile. This Warranty shall be governed by the laws of the State of ________ [State].
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED
[State License Number]
By [Authorized Signature]