The benefits included in this Limited Warranty are only available when service is requested according to the procedures established by the Builder and included in your Limited Warranty material. In addition, the Homeowner’s failure to reasonably provide access to the home during normal working hours for making repairs will relieve the Builder from its obligations under this Limited Warranty. The Builder’s aggregate total liability shall not exceed the original contract price of the home. The Builder reserves the right to use its judgment in determining the most appropriate method of repairing Limited Warranty defects. The Builder’s offer to resolve an issue for which it bears no responsibility under this Limited Warranty does not create the responsibility to provide the resolution in another situation for which it bears no responsibility. Actions taken to cure defects will not extend the period of coverage specified in this Limited Warranty or any applicable statutes of limitation or repose.
4.2 Any damage to the extent it is caused or made worse by: (A) Negligence, improper maintenance, or intentional or improper operation by anyone other than the Builder or its agents or subcontractors, including, but not limited to, damage resulting from rot, corrosion, or rust. (B) Failure by the Homeowner or anyone other than the Builder or its agents or subcontractors to comply with the warranty requirements of manufacturers of elevators, Solar Systems, Smart Home Components and Consumer Products included in the home. (C) Failure by the Homeowner to give timely notice to the Builder of any defects. (D) Changes in the grading of the ground by anyone other than the Builder or its agents or subcontractors. (E) Changes, alterations, or additions made to the home by anyone other than the Builder or its agents or subcontractors after the Limited Warranty commencement date. (F) Dampness or condensation due to the Homeowner’s failure to maintain adequate ventilation.
4.3 Loss or damage that the Homeowner has not taken timely action to minimize.
SECTION 4: Limited Warranty Exclusions
4.4 Any defect caused by, or resulting from, materials or work supplied by someone other than the Builder or its agents or subcontractors.
This Limited Warranty excludes any loss or damage which is not a Covered Defect, including:
4.5 Normal wear and tear or normal deterioration.
4.1 LOSS OF, OR DAMAGE TO, ANY REAL PROPERTY WHICH IS NOT PART OF THE HOME COVERED BY THIS LIMITED WARRANTY AND WHICH IS NOT INCLUDED IN THE ORIGINAL PURCHASE PRICE OF THE HOME AS STATED IN THE CLOSING DOCUMENTS.
4.6 Loss or damage not otherwise excluded under this Limited Warranty, which does not constitute a defect in the construction of the home by the Builder or its agents or subcontractors.
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