General Conditions
This section covers general conditions and provisions of the Limited Warranty.
Purchase Agreement Provision
The Limited Warranty is a provision of the purchase agreement between you and us for the construction and/or sale of the home or transfer of the common elements.
Transfer to New Owners
This Limited Warranty will transfer to new owners of the home for the remainder of the limited warranty period. You agree to provide this Limited Warranty to any subsequent purchaser of the home as a part of the contract of sale of the home.
Our duties under this Limited Warranty to the new homeowner will not exceed the limit of liability then remaining, if any.
Manufacturer Warranty Assignment
We assign to you all the manufacturer's warranties on all appliances, fixtures, and items of equipment that we installed in the home. Should an appliance or equipment malfunction, you must follow the procedures set forth in that manufacturer's warranty to correct the problem.
Our obligation under this Limited Warranty is limited to the workmanlike installation of such appliances and equipment. We have no obligation for appliances and equipment defined as consumer products.
Subrogation Rights
If we or a third party designated by us or acting on our behalf repairs, replaces, or pays you as to a construction defect, or other related damage to the home or the common elements covered by this Limited Warranty, we are entitled, to the extent of our payment, to take over your related rights of recovery from other people and organizations, including but not limited to other warranties and insurance.
You have an obligation not to make it harder for us to enforce these rights. You agree to sign any papers, deliver them to us, and do anything else that is necessary to help us exercise our rights.
Severability
If any of the terms or provisions of this Limited Warranty is determined to be unenforceable, such a determination will not affect the remaining provisions.
If this Limited Warranty or any provision herein is determined to be unenforceable as to a homeowners association or a specific homeowner, such a determination will not affect the enforceability of this Limited Warranty or such provisions as to any other homeowners association or any other homeowner.
The issue of enforceability, as well as all other issues, will be determined by binding arbitration as provided for in this Limited Warranty.
Binding Nature
This Limited Warranty and the binding arbitration process are binding on you and us. It is also binding on your and our heirs, executors, administrators, successors, and assigns.
As may be appropriate, the use of the plural in this Limited Warranty includes the singular, and the use of one gender includes all genders.