EXHIBIT “C”
LIMITED WARRANTY
This Limited Warranty is given by:
Paddock & Corrals, LLC
23 Rhodes Dr
Wrentham, MA 02093
Herafter referred to as “Seller”.
to:
Town of Norfolk
One Liberty Lane
Norfolk, MA02056
(“Town”)
and
Town of Norfolk Affordable Housing Trust
One Liberty Lane
Norfolk, MA 02056
(“Trust”)
Hereafter referred to individually as the Owner,and collectively as the Owners, for their respective dwellings located at and/or known as:
Five Affordable Housing Units
Demolition and reconstruction of 24 Mirror Lake, Norfolk, MA (the Trust)
Demolition and reconstruction of 47 Rockwood Rd., Norfolk, MA (the Trust)
Construction of 3 new units, lots to be determined, on the Gumps Farm Property,
Norfolk, MA (the Town)
This Limited Warranty is extended to the Owners only and is not transferable to succeeding Owners.
TERMS OF COVERAGES
The terms of the various coverages under this Limited Warranty begin on the date of the Completion Certificate to be delivered to Seller by Owner pursuant to that certain Agreement for Construction of Affordable Housing Units and Housing Renovation between Seller and the Owners dated ______, 2011, which date shall be referred to herein as the “date of possession”. This Limited Warranty is specifically granted only as set forth herein and is not subject to modification unless such modification is in writing and duly signed by the undersigned. The exclusions listed herein are intended to clarify what is and is not warranted and shall be so interpreted.
STRUCTURE
For a period of one year after the date of possession, the floors, ceilings, walls and other internal structural components of the dwelling, which are not covered by other parts of this Limited Warranty, shall be free of substantial defects in materials or workmanship.
BASEMENT
For a period of one year after the date of possession, the basement shall be free of water caused by seepage occurring during periods of normal high water table, or caused by springs.
SYSTEMS
For a period of one year after the date of possession, the plumbing, heating, air conditioning (including compressor) and electric wiring systems shall be free of substantial defects in materials or workmanship.
SEPTIC SYSTEM
For a period of one year after the date of possession, the septic system (if applicable) installed by the Seller shall be free of substantial defects in materials or workmanship, provided that the Owner shall at all times properly maintain the system.
ROOF
For a period of one year after the date of possession, the roof shall be free of leaks caused by defects in materials or workmanship.
OTHER
For a period of one year after the date of possession, the doors (including hardware), windows, electric switches, receptacles, plumbing fixtures, and cabinet work shall be free of substantial defects in materials or workmanship.
MANUFACTURERS’ WARRANTIES
The Seller does hereby pass through and assign directly to the Owner any and all manufacturers’ warranties on all appliances supplied by the Seller, if any, in the dwelling, and does hereby agree to deliver to the Owner on or before the date of possession, all documentation supplied by said manufacturers with respect to such warranty coverages.
As part of the pass through of these and any other manufacturers’ warranties on equipment or appliances included in the purchase of the dwelling, the Seller states that such warranties may include a specific procedure that must be followed to make such warranty effective. The procedure may require notification by the Owner to the manufacturer, or the requirement that the Owner mail a warranty card to the manufacturer.
The Owner’s failure to register or mail such a warranty card according to the manufacturers’ requirements shall not create any liability to the Seller for any expressed or implied warranty on such equipment or appliances. The forwarding of such material to any manufacturer is the Owner’s sole responsibility.
EXCLUSIONS FROM COVERAGE
The Seller specifically does not assume responsibility for any of the following items, each of which is specifically excluded from this Limited Warranty:
(1) Defects in appliances or pieces of equipment which are covered by manufacturers’ warranties. As these have been assigned directly to the Owner, each manufacturer’s warranty claim procedure must be followed where a defect appears in any of those items.
(2) Damage due to ordinary wear and tear, abusive use, or lack of proper maintenance of the dwelling or its component parts or systems.
(3) Ordinary and nonsubstantial changes which are the result of characteristics common to materials used, such as but not limited to, fading, chalking, and cracking of paint due to sunlight; and hairline-type cracks not affecting structural integrity or endurance due to drying and curing of concrete, plaster, brick or masonry.
(4) Defects in items installed by the Owner or anyone other than the Seller or the Seller’s subcontractors at the Seller’s direction.
(5) Work done by the Owner or anyone other than by the Seller or the Seller’s subcontractors at the Seller’s direction, including alterations or additions to the dwelling or structure.
(6) Defects in items supplied by the Owner.
(7) Loss or injury due to severe and unusual weather, such as a hurricane.
(8) Paint applied by the Owner over newly plastered interior walls.
NO OTHER WARRANTIES
This Limited Warranty is the only warranty (express or implied) that the Seller shall provide. This Limited Warranty gives the Owner specific legal rights and the Owner may also have other legal rights under Massachusetts or federal law.
REPAIRS
Upon receipt of your written report of a defect (or telephone call or email in an emergency) if the defective items are covered by this Limited Warranty, the Seller shall replace such items at no charge to the Owner, and will use the Seller’s best efforts to do so within 30 days of said report (longer if weather conditions, labor problems or materials shortage cause delays). If the nature of the defect is such that the item in question may not be replaced without risk of harm to other elements of the dwelling, as reasonably determined by the Seller, the Seller shall repair the defective item to the reasonable satisfaction of Owner. The Seller may also repair the item in question, in lieu of replacement, if the Owner agrees to such repair. In the event of an emergency (e.g. if a pipe bursts) the response shall be immediate. The work must be done by the Seller or the Seller’s subcontractors as selected by the Seller.
CLAIMS PROCEDURE
Claims shall be directed to the Seller. Please contact:
Walter Mahla, Manager
Paddock & Corrals, LLC
23 Rhodes Dr.
Wrentham, MA 02093
Tel: (508) 801-2200
Email:
SEVERABILITY
In the event that any of the provisions of this Limited Warranty shall be held to be invalidby a court of competent jursdiction, the remainder of the provisions of this Limited Warranty shall remain in full force and effect.
THE OWNER HEREBY ACKNOWELDGES RECEIPT OF THIS LIMITED WARRANTY AND THAT OWNER HAS READ THIS DOCUMENT AND AGREES TO ITS TERMS.
Owner:______Seller:______