NON-WARRANTABLE CONDITIONS Sample Clauses

NON-WARRANTABLE CONDITIONS. This Statement of Conditions are not subject to Xxxx Custom Homes LLC warranties and further explains some of the changes and needs for proper maintenance that may occur in a new house over the first year of occupancy. A house requires more maintenance and care than most products because it is made of many different components, each with its own special characteristics. The buyer understands that like other products made by humans, a house is not perfect. It will show some minor flaws and unforeseeable defects and it may require some adjustments and touching up. As described in the limited warranty provided to the buyer, of which this statement of non- warrantable conditions is made a part of, Xxxx Custom Homes LLC will correct certain defects which arise during the defined time period. Other items which are not covered by the Limited Warranty may be covered by a manufacturer's warranty. Some conditions, including but not limited to, are those listed in this statement of non-­ warrantable conditions and are not covered under this warranty. The buyer should read these carefully and understand that the buyer has not contracted for the builder to correct -- Contractor's initials_______ 3 Buyer's initial --- ---- - certain types of problems which may occur in the buyer's house. These guidelines will alert the buyer to certain types of maintenance which are The responsibility of the buyer That could lead to problems if they are neglected. The following list outlines some of these conditions which are not covered within this warranty. It is the buyer's responsibility to understand this list. If the buyer has any questions, he or she should ask Xxxx Custom Homes LLC and or feel free to consult an attorney before signing the acknowledgment. Concrete foundations, steps, walks, drives and patios will develop cracks that do not affect the structural integrity of the building. These cracks are caused by characteristics of the concrete itself. No reasonable method of eliminating these cracks exists. Shading may also occur due to different batches of concrete and weather conditions. Every reasonable precaution will be taken to prevent cracks.
Sample 1
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NON-WARRANTABLE CONDITIONS. The owner understands that remodeling, like other products made by humans, is not perfect. Minor flaws and unforeseeable defects are inevitable and require some adjustments and touching up. All minor defects, omissions or malfunctions, must be reported by the owner upon inspection of the renovated space for punch list. Some conditions, including but not limited to, those listed in this statement of non-warrantable conditions, are not covered under this warranty. These guidelines are to alert the owner to certain types of maintenance (a) that are the responsibility of the owner and (b) that could lead to problems if neglected. The owner should be sure to understand this list. Any questions should be asked of CRRC or one’s own attorney before signing the acknowledgment at the end. a. Concrete
Sample 1
NON-WARRANTABLE CONDITIONS. Concrete foundations, walks, drives, and patios can develop hairline cracks not affecting the structural integrity of the building. There is no known method of eliminating this condition, which is caused by characteristics of expansion and contraction. It does not affect the strength of the building and is not a condition covered by any warranty.
Sample 1
NON-WARRANTABLE CONDITIONS. This statement of conditions that are not subject to builder’s warranty explains some of the changes and maintenance items that may occur in your new home during the first year of occupancy. Your home will require more care and maintenance than most products since it is made up of many different components, each with its own special characteristics. Also, the buyer/owner understands that like other products made by humans, a house is not perfect. It will show some minor flaws and unforeseeable defects and may require some adjustments and touching up. Your house WILL SETTLE during the first few years and is completely normal. This can cause drywall cracking, doors not shutting or operating correctly, caulking or grout cracking etc. These are non warrantable items and are a normal part of homeownership. As described in the Limited Warranty Agreement provided to you, who this statement of Non-warrantable Conditions is made a part of the builder, will correct certain defects that arise during the defined time periods after commencement of the warranty begins. Other items that are not covered by the builders Limited Warranty may be covered by manufacturers’ warranties. Below are some conditions that are excluded under our builder’s Limited Warranty. It is important for you to read these carefully and understand that you have not contracted for the builder to correct certain types of problems that may occur in your new home. These guidelines will alert you to certain areas of maintenance that are the responsibility of the new homeowner, and that could lead to problems if they are neglected. The upkeep of cosmetic aspects of your home is your responsibility. You have not contracted with the builder to cover ordinary wear and tear or other occurrences subsequent to construction that affect the condition of features of your home. Nail Pops, sheetrock cracks, chips, scratches, or mars in tile, woodwork, walls, porcelain, brick, mirrors, plumbing fixtures, marble, Corian and Formica tops, lighting fixtures and brass, kitchen and other appliances, doors, paneling, siding, screens, windows, carpet, hardwood, vinyl floors, cabinets, etc. which are not recognized and during your Orientation Walkthrough are The following list is an outline of some of the conditions that are not warranted by the builder. Please be sure you understand this list. Ask questions, if you have any, before approving the acknowledgment.
Sample 1

Related to NON-WARRANTABLE CONDITIONS

  • Safe Conditions Whenever an employee reports a condition which the employee feels represents a violation of safety or health rules and regulations or which is an unreasonable hazard to persons or property, such conditions shall be promptly investigated. The appropriate administrator shall reply to the concern, in writing, if the employee's concern is communicated in writing.

  • Site Conditions A. Existing Site Conditions: Information with respect to the site of the Work given in drawings or specifications has been obtained by County's representatives and is believed to be reasonably correct, but the County does not warrant either the completeness or accuracy of such information, and it is the responsibility of the Contractor to verify all such information.

  • Unsafe Conditions In accordance with 29 CFR § 1977, occasions might arise when an employee is confronted with a choice between not performing assigned tasks or subjecting himself/herself to serious injury or death arising from a hazardous condition at the workplace. If the employee, with no reasonable alternative, refuses in good faith to expose himself/herself to the dangerous condition, he/she would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger by resorting to regular statutory enforcement channels. In addition, in such circumstances, the employee, where possible, must also have sought from his Employer, and been unable to obtain, a correction of the dangerous condition.

  • Minimum Condition and Warranty Requirements for TIPS Sales All goods quoted or sold through a TIPS Sale shall be new unless clearly stated otherwise in writing. All new goods and services shall include the applicable manufacturers minimum standard warranty unless otherwise agreed to in the Supplemental Agreement.

  • Qualifying Conditions In addition to any other compensation earned, any employee who is on the payroll of the Company on any of the foregoing recognized statutory holidays will be granted eight (8) hours' pay at the straight time rate of the employee's regular job, subject to compliance with all of the conditions (a) to (f) set forth below: (a) The employee must have been on the payroll for not less than the sixty (60) days just preceding the holiday and must have previously qualified for a statutory holiday as provided in (d) below, and (b) The employee must have worked at least one (1) day during the sixty (60)- day qualifying period just preceding the holiday, and (c) The employee must have worked their scheduled work day before, and their scheduled work day after, such holiday, unless failure to work their scheduled work day before or after the holiday was due to any of the following events: (i) When the employee is on their regular authorized paid vacation; (ii) When the employee is unable to work by reason of an industrial accident as recognized by the Workers' Compensation Board or non-occupational sickness or injury; (iii) When the operation in which the employee is engaged is curtailed or discontinued by the decision of the Company and which curtailment or discontinuance changes or eliminates the employee's scheduled work day before, or their scheduled work day after, such holiday; (iv) When a trade in shifts agreed upon between employees and approved in advance by the company results in a temporary change of the scheduled work day before, or the scheduled work day after, the holiday, provided the employee works the shift agreed upon; (v) When the employee is on a leave of absence authorized by the Company. (d) The employee who has been on the payroll for at least sixty (60) days but who has not previously qualified for a statutory holiday will qualify for the holiday if he has worked a minimum of one hundred eighty (180) hours during the sixty (60)- day qualifying period just preceding the holiday and meets the requirements of (b) and (c) above. (e) Time lost as the result of an accident as recognized by the Workers' Compensation Board, suffered during the course of employment, or time lost as a result of non-occupational sickness or injury shall be considered as time worked for the purpose of qualifying for a recognized paid holiday, it being understood that the employee will only be entitled to this credit for time while on Workers' Compensation or non-occupational sickness or injury for a period of up to but not exceeding one (1) year from the date of their sickness or injury. (f) It is understood and agreed, however, that an employee shall not receive the above provided holiday pay if they have agreed to work on such holiday and fails or refuses to work, except in the case where bona fide sickness, or other bona fide reason approved by the Company, prevents them working on such holiday.

  • Post-Closing Conditions On or before the date specified in this Section 4.3 (unless a longer period is agreed to in writing by the Administrative Agent, in its reasonable discretion), the Borrower shall satisfy each of the following items specified in the subsections below:

  • Seller’s Conditions Notwithstanding any other provision of this Agreement, the obligation of Seller to consummate the Transactions shall be subject to and conditioned upon the following: (i) Buyer’s representations and warranties being true and correct in all material respects as of the Closing and Buyer shall have delivered all documents required to be delivered by Buyer pursuant to Paragraph 5(b) below. (ii) The satisfaction of the [REDACTED] Waiver Condition. In the event the [REDACTED] Waiver Condition is not satisfied at or prior to Closing, then Seller may elect to either (a) terminate this Agreement with respect to the Commerce Property (but not the other Properties), in which event the Purchase Price shall be reduced by the Allocated Purchase Price for the Commerce Property, neither party shall have any further liability or obligation under this Agreement with respect to the Commerce Property (except for the provisions of this Agreement which recite that they survive termination), and the Closing shall proceed with respect to all other Properties, or (b) elect to continue this Agreement in full force and effect with respect to the Commerce Property. If any condition to Seller’s obligation to proceed with the Closing hereunder has not been satisfied as of the Closing Date or other applicable date (other than the condition to Closing set forth in Paragraph 3(g)(ii) for which Seller’s rights for such failure of the condition to Closing are set forth therein), Seller shall have the right to (i) nevertheless proceed to Closing, notwithstanding the non-satisfaction of such condition, in which event Seller shall be conclusively deemed to have waived any such condition, or (ii) terminate this Agreement upon written notice to Buyer prior to Closing, in which case the provisions of Paragraph 3(f) shall apply.

  • ADDITIONAL SPECIAL CONTRACT CONDITIONS Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following:

  • SUSPENSIVE CONDITIONS 2.1 This entire AGREEMENT is subject to the registration of transfer of ownership of the PROPERTY to the EMPLOYER. In the event that the PROPERTY is not transferred within 6 (six) months from date of signing of this Agreement by the CONTRACTOR, the CONTRACTOR reserves the right to: 2.1.1 increase the CONTRACT SUM, based on the current prices for the building materials, and the CONTRACTOR shall notify the EMPLOYER in writing of such increased cost and the EMPLOYER may then, at his/her option, cancel this agreement by providing written notice of cancellation to the CONTRACTOR within 5 (five) DAYS of receiving written notice from the CONTRACTOR in respect of the increased cost. Should written notice of cancellation not be forthcoming within the aforesaid period, the CONTRACTOR and the EMPLOYER shall proceed with the AGREEMENT at the increased CONTRACT SUM and the EMPLOYER shall be obliged to pay the increase in the CONTRACT SUM to the CONTRACTOR within 21 (twenty one) DAYS of receiving written notice from the CONTRACTOR in respect of the increased cost; or 2.1.2 cancel this AGREEMENT and the parties shall have no claim of whatsoever nature against each other. 2.2 This AGREEMENT is subject further to the EMPLOYER being offered a loan to be secured by a mortgage bond over the PROPERTY and improvements in the amount reflected in Schedule B or such lesser amount as the EMPLOYER may accept, within 30 (thirty) DAYS of the date of the CONTRACTOR’s signature of this AGREEMENT, which period may be extended in the CONTRACTOR’s sole discretion. Should no amount be inserted in the relevant field in the Schedule B, then the suspensive condition contained in this clause will not apply. In the event that the suspensive condition contained in this clause is not fulfilled, this AGREEMENT will lapse and the parties shall have no claim of whatsoever nature against each other.

  • TITLE CONDITIONS The following special conditions imposed by Combined Developers (Pty) Ltd in its favour and the favour of the HOA, will be registered against the title deed of the Property, namely:

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