6.4 Consequential Damage We are not obligated to repair or pay for any other damage — often called "consequential” or “incidental” damage — associated with or resulting from an alleged construction defect. Consequential and incidental damages not covered by this warranty include, but are not limited to, the following: (A) Temporary Living Expenses. including, but not limited to, shelter, transportation, food, moving, storage, or other expenses; but if we determine it is necessary to temporarily move you out of the home while we perform repairs, we will pay the cost of alternative lodging as provided in section 7.1(D); (B) Loss of use, lost profits, lost income, business interruption, mortgage payments, security costs, inconvenience or annoyance; and (C) Diminished Value of Your Home. However, we will repair or pay for consequential damages as described in section 4.4(B) and section 7.1 or as required by law (including, without limitation, California Civil Code Section 944). 6.5 Products (A) Definitions. The term “consumer products” means all appliances, pieces of equipment, or other items that are a consumer product for the purposes of the Magnuson-Moss Warranty Act (15 U.S.C. § 2301, et seq.). The term includes, but is not limited to, a refrigerator, freezer, trash compactor, range, oven, kitchen center, dishwasher, oven hood, microwave oven, clothes washer and dryer, air-conditioning system, boiler, heat pump, space heater, furnace, central vacuum system, smoke detector, fire alarm, humidifier, ice maker, garage-door opener, chimes, water pump, intercom, burglar alarm, whirlpool bath, garbage disposal, water heater, electronic air cleaner,
(C) Damage Caused by Anyone Other Than Us.
(D) Abuse or Excessive Use of a Component.
(E) Acts of Nature or God. Acts of nature or God, including, but not limited to, fire, lightning, excessive rain, ice, snow, hail, floods, earthquakes, mudslides, changes in the underground water table that were not reasonably predictable by us, and high winds (including, but not limited to, gale force winds, hurricanes, tropical storms and tornadoes) and any other excessive type of weather. (F) Animals. Including, but not limited to, insects, termites, birds, rodents, and other vermin. (G) Failure to Provide Proper Ventilation. Dampness or condensation due to your failure to provide adequate or proper ventilation. (H) Failure to maintain proper temperatures (heating and cooling) within your home. (I) Soil movement and subsidence (including, but not limited to, a landslide) which was not reasonably predictable through reasonable investigation (soil testing or other geological investigation) at the time of constructing the home (this exclusion does not apply to any home financed with an FHA or VA loan that is still in effect). (J) Failure to timely notify us of a construction defect in the manner described in section 5.3. (K) Failure to timely take action to prevent damage as provided in section 5.3. 6.3 Harmless Deviations This warranty does not cover any non-conformity with or deviation from plans, specifications, manufacturer’s recommendations, or building code requirements, unless it results in a construction defect.
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