Building with Integrity

Whereas, Contractor has built a Project located in the County of Gallatin, State of Montana, at the above-mentioned property address and Whereas, Contractor does hereby agree to give a limited warranty on the Project located at the above property for a period of one year following closing by the Owner, whichever comes first, upon the following conditions.

 

Now therefore, in consideration of the payment of the purchase price of the Project, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the premises and agreements hereinafter set forth, the parties hereby agree as follows:

 

1. Not later than thirty (30) days after closing or occupancy, whichever comes first, the Owner shall deliver a written list of any minor omissions or malfunctions not previously made known in writing to the Contractor. To the extent that such items are a normal Contractor responsibility or not otherwise excluded hereunder, corrections or adjustments will be made by the Contractor.

 

1. Contractor warrants the above Project to be free from latent defects for a period of one (1) year following closing or occupancy, whichever event shall first occur. A latent defect in construction is herein defined as a defect not apparent at time of occupancy or closing, but which becomes apparent within one (1) year from date of closing or occupancy, whichever event shall first occur, and such defect has been directly caused by Contractor’s failure to construct in accordance with the standard of construction prevailing in the geographical area of the Project. It is stressed, however, that normal characteristic behavior of building materials, wear and tear, general maintenance, and like items, will not constitute a latent defect.

 

Procedure: Should it appear that a possible latent defect (non-emergency nature) has developed, Owner shall outline pertinent details in writing, and deliver same to Contractor. Following receipt of such notice, Contractor will make an inspection. If a latent defect exists, the Contractor will (at Contractor’s sole option) either (1) repair, (2) replace, or (3) pay to Owner the reasonable cost of such repair or replacement due to such latent defect(s); however, Contractor shall not be obligated to spend more than the purchase price of the Project less the value of the land upon which the Project is situated.

 

Notwithstanding anything to the contrary stated herein, this warranty does not cover any appliance, piece of equipment, or item which is a consumer product for purposes of the Magnuson-Moss Warranty Act (15 USC, 2301 through 2312).

 

This warranty is given in lieu of any and all other warranties, either expressed or implied, including any implied warranty or merchantability, fitness for a particular purpose, habitability and workmanship, except, if applicable, such warranty as specifically stated in any required VA/FHA warranty delivered simultaneously herewith.

 

1. The Contractor shall not be liable under this Agreement unless written notice of the latent defect shall have been given by Owner to Contractor within the one (1) year warranty period. Steps taken by the Contractor to correct any defect or defects shall not act to extend the warranty period described hereunder.

 

1. The Owner shall have 90 days after expiration of the one (1) year warranty period to bring any legal action hereunder.

 

1. Contractor hereby assigns to Owner all of Contractor’s rights, if any, under manufacturer’s warranties on appliances and items of equipment included in the Project. Contractor assumes no responsibility for such manufacturer’s warranties, and Owner should follow the procedures in these warranties if defects appear in such appliances and items of equipment.

 

1. Contractor does not assume responsibility for any of the following, all of which are expressly excluded from coverage under this Limited Warranty:

 

1. Defects in appliances or equipment which are covered by a manufacturer’s warranty.

2. Incidental, consequential, or secondary damages caused by a breach of this warranty.

3. Defects which are the result of characteristics common to materials used such as (but not limited to) warping and deflection of wood, mildew and fading, chalking and checking paint due to sunlight; cracks due to drying and curing of concrete, stucco, plaster, bricks, and masonry; drying, shrinking and cracking of caulking and weather-stripping.

4. Conditions resulting from condensation on, or expansion or contraction of materials.

5. Defective design or materials supplied by Owner or installed under his/her direction, or defects caused by anything not built into, or installed in the Project pursuant to contract between Contractor and Owner.

6. Damages due to ordinary wear and tear, abusive use or lack of proper maintenance of the Project.

7. Loss or injury due to the elements.

8. Owner furnished/installed landscaping or any portion thereof is hereby expressly excluded from this warranty including sod, seeding, shrubs, trees and plantings.

9. Rodent, bird, animal and insect damage whatsoever.

10. Non-uniformity in appearance of used or simulated used brick.

11. Chips, scratches or mars in the tile, woodwork, walls, porcelain, brick, plumbing fixtures, plastic laminate and glass not expressly identified to Contractor prior to closing.

12. Dripping faucets and toilet adjustments after the initial thirty (30) day warranty period described herein.

13. Utility service lines installed by developer, municipality, or service company and settling, back-filling or slumping thereof.

14. Deterioration or defects in asphalt paving.

15. Movement, shifting, expansion or plasticity of the soils beneath the Project and changes in the underground water table and subsurface soil structures beyond Contractor’s control.

16. Loss or damage resulting from fire, explosion, smoke, lightning, windstorm, ice damming, hail, flood, mud-slide, water escape, wind-driven water, earthquake, volcanic eruption, accidents, Acts of God, riot and civil commotion, falling objects, aircraft, or vehicles.

17. In the event of extreme cold weather, ice may form on windows. Water or ice damage from such events is excluded.

 

All warranty work shall be scheduled during normal weekday working hours except in emergencies.

 

This warranty is extended to the Owner named herein. It is not transferable to the subsequent Owners of the Project.

 

Should any term of this Agreement be deemed by a Court of competent jurisdiction to be unenforceable, such determination shall not affect the enforceability of the remaining provisions.

 

Use of one gender shall include all other genders; use of the singular shall include the plural; and use of the plural shall include the singular; all as may be appropriate.

 

 

In Witness Whereof, the parties hereto have executed this Agreement on the day and year first above written.

 

 

Contractor: TruNorth Properties, LLC, doing business as TruNorth Contractors

 

Contractor’s Signature                                                                                   Date

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Owner: 

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Owner’s Signature(s)                                                                                      Date