From CD-ROM:
What is the "Lifetime Structural Warranty"?
Hearthstone first introduced a very liberal interpretation to a lifetime structural warranty in 1987. It was written by our President and did not involve legal language (by design). Simply stated, if the original owner had a structural problem develop over the years, we'd fix it for free.
In 1995, we found that much of the repair or cases that required inspection was due to natural movement of wood (checking, twisting, etc.) and/or little to no maintenance on the owner's part. We subsequently changed the warranty and legal language in our Purchase Agreement.
Our warranty is simple. We'll stand behind our product and help if anything bad develops. There are standards for wood design and allowances for checking and movement. If we caused a problem and the problem is deemed beyond the normal allowances, we'll fix it for free. If the problem is simply visual or caused by poor maintenance and/or finish work, we want the right to charge for the repair and would submit an estimate for such.
From the WEBSITE:
What is your "Guarantee"?
The following has been in effect since March 27, 1988 and is unmatched by anyone in the world...
First of all, the money back guarantee: If you purchase a home from us and have the home erected by us, or one of our authorized crews, we'll give you up to 10 days or until you continue construction on the home---whichever comes sooner---for you to approve of our home or our services. If you decide during that time period that you aren't satisfied (with the quality of our home and our services) notify me and we'll (within 30 days) dismantle the structure we originally erected, remove it, and refund all the money you gave us.
Secondly, the structural guarantee: >Our unique homes are not so easy to design as they might seem. Our structures require special expertise in design, timber grading, manufacture, and erection to insure satisfactory long term structural performance. Through years of experience and years of working with major code agencies, we have developed structural design systems that enable us to guarantee your home structurally for as long as you own it. We guarantee that every timber in your home is individually graded for it's specific structural load in the home and that structural specifications are in compliance with major code agency guidelines.
From the Purchase Agreement:
Warranty
Section 7.1. The Seller warrants to the Buyer the following:
a. If the Buyer takes delivery of the Package according to the terms and conditions of this Agreement, and is unsatisfied with the quality of the Package, the Seller agrees to remove the Package from the Buyer’s property and refund all the payments made by the Buyer to the Seller. Upon such removal, the Package shall become the sole property of the Seller. This warranty must be exercised by the Buyer in good faith as a result of the Buyer’s dissatisfaction with the quality of the Package, and for no other reason. In order to exercise this warranty, the Buyer must notify the Seller in writing (according to Section 9.1) PRIOR TO THE EARLIEST OF EITHER OF THE FOLLOWING TWO EVENTS:
(1) The continuation of construction of the Package past the stage of the erection of the heavy timber superstructure, or in the case of a structural foam core panel home, past the stage of the erection of the structural panels. In any event, notification must be made prior to the installation of any roof or floor decking; doors and windows; interior walls; or non-structural foam core panels; OR:
(2) Ten days have passed after the delivery of the first truckload of materials to the Buyer’s job site.
b. Where the Package consists of a log home with exterior walls constructed from 6”x12” timbers, those packages are warranted to have been manufactured according to both:
(1) Report number 9459 of the SBCCI Public Safety Testing and Evaluation Services, Inc., 900 Montclair Road, Suite A, Birmingham, Alabama 35213-1206. This report prescribes engineering and manufacturing standards designed to insure compliance with the Standard Building Code and the CABO One and Two Family Dwelling Code, with respect to structural and thermal performance; AND:
(2) Structural Engineering Bulletin No. 1103, issued by the Federal Housing Commissioner of the United States Government. This bulletin prescribes the manufacturing designs, standards, and systems used by the Seller. Preparation and maintenance of, and compliance with, this Bulletin affects the eligibility of the completed home for mortgage insurance and other government programs.
c. Where the Package consists of other timber framing components, the package is warranted to have been manufactured in conformance to the National Design Specifications for Wood Construction and Supplement,1991 edition, as prepared by the American Forest Products Association.
d. Where the Package consists of foam core panels, those packages are warranted to have been manufactured according to:
(1) BOCA Research Report No. 85-49.
(2) Product Fabrication Service Report No. 511, APA FAB SPEC SP-61-EXT.
(3) ASTM test numbers E72-80, E695-79, E564-76, E119-83, D1929-77, E84.
(4) UL Subject 1256, SWR1 Report No. 01-8302-201.
Section 7.2. In the event that the Buyer claims that Seller has breached the warranty provided in Sections 9.1 or 9.2, the Buyer shall promptly give the Seller written notice of such a claim. The Seller shall then be given a reasonable opportunity to determine if the warranty has, in fact, been breached. The Seller shall then be given a reasonable opportunity to remedy the defect resulting in the breach of the warranty. If the Buyer takes any legal action against the Seller as a result of a claim of a breach of warranty prior to such time as the Seller has had a reasonable opportunity to cure such breach, the Buyer shall indemnify the Seller for all costs and expenses incurred by the Seller in connection with such legal action, including reasonable attorney’s fees.
Section 7.3. This is the Seller’s sole warranty with respect to this Package. THE SELLER MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THIS STATED OBLIGATION ARE DISCLAIMED BY THE SELLER AND ARE EXCLUDED FROM THIS AGREEMENT. The Buyer’s remedies in the event of a breach of the warranties set forth above shall be limited to those stated above.