Definitions
Understanding these key terms will help you better understand the Limited Warranty.
Builder
BUILDER means Classic Homes. Throughout this document the Builder is also referred to as "we", "us" and "our(s)".
Common Elements
COMMON ELEMENTS means the property as specified in the recorded covenants, conditions and restrictions as common area and any other property the homeowner association or district has standing under the law to make a claim on. This may include, but is not limited to, streets, the structure or components of enclosure or other spaces that are for the common use of the residents of the development in which the home is located. Systems serving two or more homes, and the outbuildings that contain parts of such system are also included in this definition.
Consequential or Incidental Damages
CONSEQUENTIAL OR INCIDENTAL DAMAGES means any loss or injury other than:
- Our cost to correct a construction defect including the correction of those surfaces, finishes and coverings damaged by the construction defect
- Our cost of repair or replacement of furniture, carpet, or personal property damaged by the construction defect (replacement limited to items providing the same function and quality that are readily available)
- Our costs of removal or replacement in order to repair or replace a construction defect
- The reasonable cost of the homeowner's alternative shelter where the home is inhabitable due to a construction defect or where the home is rendered inhabitable by the repair of the construction defect
DIMINISHED MARKET VALUE IS CONSIDERED "CONSEQUENTIAL OR INCIDENTAL DAMAGE" AND IS EXCLUDED UNDER THIS LIMITED WARRANTY UNLESS WE ELECT THIS REMEDY IN LIEU OF THE REPAIR, REPLACEMENT OR OTHER PAYMENT AS TO A CONSTRUCTION DEFECT.
Construction Defect(s)
CONSTRUCTION DEFECT(S) means a flaw in the materials or workmanship used in constructing the home that:
- Materially affects the structural integrity of the home or common elements; or
- Has an obvious and material negative impact on the appearance of the home or common elements; or
- Jeopardizes the life or safety of the occupants; or
- Results in the inability of the home or the common elements to provide the functions that can reasonably be expected in a residential dwelling
A flaw is a construction defect if either we or an arbiter conducting a binding arbitration hearing declares the flaw to be a construction defect. Our obvious and visible failure to complete the construction of the home or common elements, any portion of the home or common elements is not a construction defect.
Consumer Product
CONSUMER PRODUCT means any item of equipment, appliance or other item defined as a consumer product in the Magnuson-Moss Warranty Act (15 U.S.C.§. 2301, et seq.)
Examples of consumer products include, but are not limited to: dishwasher, garbage disposal, gas or electric cooktop, range, range hood, refrigerator or refrigerator/freezer combination, gas oven, electric oven, microwave oven, trash compactor, garage door opener, clothes washer and dryer, water heater, furnace, air conditioner, and thermostat.
Emergency Condition
EMERGENCY CONDITION means an event or situation that creates the imminent threat of damage to the home or common elements, or results in an unsafe living condition due to a construction defect that you become aware of at a point in time other than our normal business hours and you were unable to obtain our or our authorized representative's prior written approval to initiate repairs to stabilize the condition or prevent further damage.
Home
HOME means a single family residence either attached or detached covered by this Limited Warranty or a condominium or cooperative unit in a multi-unit residential structure/building covered by this Limited Warranty.
Home Builders Limited Warranty
Home Builders Limited Warranty means only this express warranty document provided to you by us.
Homeowner
HOMEOWNER means the first person(s) to whom a home (or a unit in a multi-unit residential structure/building) is sold, or for whom such home is constructed, for occupancy by such person or such person's family, and such person's successors in title to the home or mortgages in possession and any representative of such person(s) who has standing to make a claim on that person(s) behalf, including any class representative or homeowners association making a claim in a representative capacity.
Homeowners Association (HOA)/Metropolitan District (District)
HOMEOWNERS ASSOCIATION (HOA)/METROPOLITAN DISTRICT (DISTRICT) means a profit or nonprofit corporation, unincorporated association, organization, partnership, assessment district, limited liability company, limited liability partnership or other entity of any kind that owns, manages, maintains, repairs, administers, or is otherwise responsible for and has standing to make a claim as to any part of the common elements.
Pollutants
POLLUTANTS means all solid, liquid, or gaseous irritants or contaminants. The term includes, but is not limited to, petroleum products, smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, radon gas, and waste materials, including materials to be recycled.
Systems
SYSTEMS means the following:
- Plumbing system - gas supply lines and fittings; water supply, waste and vent pipes and their fittings; septic tanks and their drain fields; and water, gas and sewer services piping and their extensions to the tie-in of a public utility connection or on-site well and sewage disposal system
- Electrical system - all wiring, electrical boxes, switches, outlets, and connections up to the public utility connection
- Heating, Cooling, and Ventilation system - all ductwork; steam, water and refrigerant lines; and registers, connectors, radiation elements and dampers
Warranty Period
WARRANTY PERIOD shall commence on the date the title for the home is transferred to the first owner.
Notwithstanding anything to the contrary set forth in this Limited Warranty, the warranty period for the common elements of an individual structure/building commences on the date the title for the first home in the structure/building is transferred to the first owner or as concerns clubhouses or outbuildings or other common elements not part of the home the date the title to these structures is transferred to the homeowners association.