Should a performance standard contained in this Limited Warranty be found not to equal or exceed a performance standard enacted by the State of New York, then the performance standard specified in Article 36-B shall apply. Oregon addendum (applicable only if your home is a condominium located in Oregon). We intend this Limited Warranty to fulfill the Builder’s obligation to provide an express Limited Warranty on newly constructed units and common elements pursuant to Or. Rev. Stat. 100.185(1); provided, however, Or. Rev. Stat. 100.185(2) – relating to the timing of a written claim for enforcement of a warranty and the time period for a covered party to commence an action for the enforcement of a warranty – will not apply to this Limited Warranty. The association of unit owners is a beneficiary of this Limited Warranty with respect to general common elements as that term is defined in Or. Rev. Stat. 00.005(16). South Carolina addendum (applicable only if your home is located in South Carolina). THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT TO THE UNIFORM ARBITRATION ACT, SECTION 15048-10, ET. SEQ. CODE OF LAWS OF SOUTH CAROLINA, 1976 AS AMENDED.
No steps taken by the Builder, the Homeowner, or any other person to inspect, test, or correct defects will extend any time period for coverage or notice under this Limited Warranty. No steps taken by the Builder in response to an improperly completed or untimely Notice of Warranty Claim will give rise to any liability of the Builder in connection with such claim. In response to a Notice of Warranty Claim, or any other complaint or request of the Homeowner, the Builder and the Builder’s agents will have the right to inspect and test the portion of the home to which the claim, complaint, or request relates. The Homeowner and all occupants of the home must provide reasonable access to the Builder and the Builder’s agents during normal business hours, Monday through Friday, to complete inspection, testing, and repair or replacement. Failure by the Homeowner to provide such access shall invalidate this Limited Warranty with respect to the defect(s) set forth on the Notice of Warranty Claim. The Builder will complete inspection and testing within a reasonable time under the circumstances after receipt of a timely and properly completed Notice of Warranty Claim Form. Upon completion of inspection and testing, the Builder will determine whether to accept or reject the claim. If the Builder rejects the claim, the Builder will give written notice of that decision to the Homeowner at the address shown on the Notice of Warranty Claim Form. If the Builder accepts the claim, the Builder will take corrective action within a reasonable time under the circumstances. The Builder will use good-faith efforts to process and handle claims in a timely manner, but all time periods for repair or replacement of defects necessary are subject to weather conditions, availability of materials, and other events beyond the Builder’s control.
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