Morse Western Homes Warranty
Morse Western Homes, LLC (here in after Contractor) warrants to Owner , for a period of one year from the date owner takes possession that materials and equipment furnished during construction will be of good quality, that the work will be performed in a good and work man like manner in conformity with generally accepted industry practices and standards, and considering the quality and standards applicable to home in the price range of the subject home, and that the work will conform with applicable building codes.
Work not conforming to these requirements may be considered defective. This warranty excludes minor variations or imperfections in materials which are generally accepted with respect to the types and grades of materials and level of finish typical of homes in the price range of the subject home. Examples of minor variations which are generally accepted includes minor imperfections and knots in wood, shrinkage of caulking joints, any cracks in concrete (regardless of size) of walls, floors, drives and walks and similar items. This warranty excludes any remedy for damage or defect caused by abuse, modifications not executed by contractor, improper or insufficient maintenance, improper operation, acts of God or nature, or normal wear and tear from owner's reasonable use of house.
This warranty is limited to 90 days for all plants provided in connection with any landscaping performed by contractor.
This warranty shall entitle Owner to complete one walk through with Contractor. A punch list containing the items to correct or complete shall be created and signed by Contractor and Ownerat the time of the walk through. Contractor agrees to repair or replace items within a reasonable time of the walk through with due consideration being given to weather conditions and the scheduling of work. Contractor agrees to repair or replace defective items. Defective items not disclosed to Contractor by Owner in writing, as indicated above, prior to the expiration of the warranty period shall be considered accepted by the Owner and not covered by this warranty. This limitation on the scope of this warranty is recognized to be reasonable required so that Contractor will be able to make necessary notifications and demands to subcontractors and suppliers who’s work or materials may require correction.
Contractor hereby assigns to Owner all of Contractors assignable rights and interests in any manufacturer's warranties covering any component parts or appliances constituting part of the home. In the event of the failure of a component part or appliance Owner agrees to seek repair or replacement of such component part or appliance from the manufacturer and not from Contractor. Contractor shall have the right to repair, replace or complete all warranty items with subcontractors of his choice. This warranty is expressly limited to repair, replacement or completion of warranty items by Contractor and does not include any right by Owner to seek money damages for collateral or compensatory damages due to breach of warranty. All express or implied warranties not provided for herein, including the implied warranty of habitability, merchantability and fitness for a particular purpose, are hereby disclaimed.
Provided, further, Builder shall not be responsible for any items which must be reasonably matched because exact match is not reasonably possible, for reasons beyond Builder's control, such as discontinuance of tile, wall paper or carpet selections or replacement being required from a different shipment or lot. Items not disclosed to Builder by Owner in a writing received by Builder prior to the expiration of the warranty period shall be considered accepted by the Owner and not covered by this warranty. This limitation on the scope of this warranty is recognized to be reasonably required so that Builder will be able to make necessary notifications to and demands of subcontractors and suppliers whose work or materials may require correction.
Contractor warrants to Owner, for a period of one year from the date Owner takes possession that materials and equipment furnished under the Contract for purposes of Radon gas mitigation will be of good quality and new unless otherwise required or permitted by the Contract, that the work will be performed in a good and workman like manner in conformity with generally accepted industry practices and standards, and considering the quality required or permitted under the contract, and that the work will conform with the requirements of the Contract an applicable building codes.
Contact: Phil FOLYER