SECTION 5: Homeowner’s Responsibilities 5.1 Responsibility to Maintain You must maintain your home to ensure proper performance and to avoid premature deterioration. Maintenance is your responsibility, as this warranty is not a maintenance contract. You should become familiar with proper maintenance requirements. Your ongoing maintenance responsibilities include, but are not limited to, periodic repainting, resealing of finished surfaces as necessary, caulking, maintenance of mechanical systems, preservation of grading around the home and cleaning of drainage systems to allow for proper drainage of water away from the home. You are responsible for all construction defects and damages caused by the lack of maintenance or by improper maintenance. Such construction defects and related damages are excluded from coverage under this warranty. We will provide a maintenance manual to you, but the failure to provide it to you does not relieve you of your maintenance obligations. You are obligated to maintain your home, including, but not limited to, the maintenance as provided in any maintenance or other manual or materials made available or provided to you, as well as those provided or available to you by product manufacturers or suppliers. You are further obligated to perform all necessary, reasonable and customary maintenance to your home. In circumstances where a homeowners’ or property owners’ association is responsible for performing certain maintenance, the foregoing maintenance provisions shall also apply to the association with respect to building common elements (see section 9.3(B)), if applicable. However, you are still responsible to make sure the maintenance is performed either by the association or you.
4.3 Performance Standards The standards set forth in sections 4.2 (A) and 4.2 (B) will be used to determine if a component is performing within an acceptable tolerance. 4.4 Repair Obligations (A) Repair of a Construction Defect. If a construction defect exists during an applicable warranty coverage period as provided in section 4.2, then we will take action as determined by us to correct the construction defect. Corrective action will be based on the individual circumstances and our judgment. The corrective action may include, but is not limited to, repair, adjustment, or, at our option, replacement of a defective or damaged component. (B) Repair of other damage. We will also repair or at our option replace any component damaged by a construction defect. We are not, however, obligated to repair or replace any non-damaged component, unless it is a fit and finish component or as otherwise required by California Civil Code Section 896. (C) Cost of repair. Instead of correcting a construction defect, we may decide at our option to pay you the reasonable cost of same. (D) Repair materials and appearance. If a corrected component is adjacent to the same type of component, we will use materials similar in quality and appearance, to the extent reasonably available, so that the corrected component is reasonably similar to the adjacent non-damaged component. However, because of product variations, age, dye lots, availability of materials, normal wear and tear, and similar factors, we are not obligated to match materials and finishes exactly.
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