Common use of Seller Warranty Clause in Contracts

Seller Warranty. Xxxxxx agrees to deliver possession of the premises and personal property in 176 the same condition as it is at the date of this Contract, ordinary wear and tear excepted. 177 Buyer acknowledges that Xxxxx has inspected the premises and personal property and is 178 acquainted with its condition, and accepts the same in “AS IS” condition as of the time Buyer 179 executed this Contract, except Seller warrants the heating (and air conditioning) equipment 180 and systems, water heater, (water softener), plumbing and electrical equipment and systems, 181 kitchen appliances, and where applicable (septic system), (well), (swimming pool and 182 equipment), and (sprinkling system), to be in normal operating condition as of possession 183 transfer. A system shall be deemed to be in normal operating condition if it performs the 184 function for which it is intended regardless of age and does not constitute a threat to health or 185 safety. Unless written notice of breach of warranty is delivered by Buyer to Seller prior to 186 possession transfer, this warranty will be conclusively deemed to have been satisfied; 187 provided, however, that Buyer shall have six (6) months after possession transfer to provide 188 written notice to Seller of any defect existing as of possession transfer in the heating (and air 189 conditioning) equipment and systems, (septic system), (swimming pool and equipment), or 190 (sprinkling system) if said equipment could not be tested by Buyer or Buyer’s licensed home 191 inspector at the time of any inspection conducted in conjunction with this Contract. 192 If deleted pursuant to Paragraph 23B As Is: Seller’s Initials / Buyer’s Initials / 193 13. Water System Evaluations. Seller shall provide to Buyer by 12/1/19 at Seller’s expense 194 (check if applicable): 195 An evaluation of the (well)/(septic) systems, where applicable, dated within 90 days of 196 closing including sampling of the well verifying that the water is bacteriologically safe, 197 that the nitrate level is within requirements approved by the State of Illinois, that the 198 well and septic systems meet with all applicable health department requirements and 199 are in normal operating condition without observable defects. The well and septic 200 evaluations shall be conducted by the local county health department or an Illinois 201 licensed environmental health practitioner in accordance with local health department 202 requirements. If Seller does not provide Buyer with satisfactory well and septic 203 evaluations by the above date, then this Contract shall be voidable at the option of 204 Buyer as Xxxxx’s exclusive remedy. 205 A sanitary sewer connection Certificate of Compliance where required by local 206 ordinance. If Seller does not provide the Certificate of Compliance by the above date, 207 then this Contract shall be voidable at the option of Buyer as Xxxxx’s exclusive remedy. 208 Where applicable, a Cross Connection Certificate of Compliance relating to lawn and 209 building sprinkling systems dated within one year of the date of closing. If Seller does 210 not provide the Certificate of Compliance by the above date, then this Contract shall be 211 voidable at the option of Buyer as Xxxxx’s exclusive remedy.

Seller Warranty. Xxxxxx agrees to deliver possession of the premises and personal property in 176 165 the same condition as it is at the date of this Contract, ordinary wear and tear excepted. 177 Buyer 166 acknowledges that Xxxxx has inspected the premises and personal property and is 178 acquainted 167 with its condition, and accepts the same in “AS IS” condition as of the time Buyer 179 Xxxxx executed 168 this Contract, except Seller warrants the heating (and air conditioning) equipment 180 and systems, 169 water heater, (water softener), plumbing and electrical equipment and systems, 181 kitchen 170 appliances, and where applicable (septic system), (well), (swimming pool and 182 equipment), and 171 (sprinkling system), to be in normal operating condition as of possession 183 transfer. A system 172 shall be deemed to be in normal operating condition if it performs the 184 function for which it is 173 intended regardless of age and does not constitute a threat to health or 185 safety. Unless written 174 notice of breach of warranty is delivered by Buyer Xxxxx to Seller prior to 186 possession transfer, this 175 warranty will be conclusively deemed to have been satisfied; 187 provided, however, that Buyer Xxxxx 176 shall have six (6) months after possession transfer to provide 188 written notice to Seller of any 177 defect existing as of possession transfer in the heating (and air 189 conditioning) equipment and 178 systems, (septic system), (swimming pool and equipment), or 190 (sprinkling system) if said 179 equipment could not be tested by Buyer or Buyer’s licensed home 191 inspector at the time of any inspection conducted in conjunction 180 with this Contract. 192 181 If deleted pursuant to Paragraph 23B 22B As Is: Seller’s Initials _ / Buyer’s Initials / 193 13. Water System Evaluations. Seller shall provide to Buyer by 12/1/19 at Seller’s expense 194 (check if applicable): 195 An evaluation of the (well)/(septic) systems, where applicable, dated within 90 days of 196 closing including sampling of the well verifying that the water is bacteriologically safe, 197 that the nitrate level is within requirements approved by the State of Illinois, that the 198 well and septic systems meet with all applicable health department requirements and 199 are in normal operating condition without observable defects. The well and septic 200 evaluations shall be conducted by the local county health department or an Illinois 201 licensed environmental health practitioner in accordance with local health department 202 requirements. If Seller does not provide Buyer with satisfactory well and septic 203 evaluations by the above date, then this Contract shall be voidable at the option of 204 Buyer as Xxxxx’s exclusive remedy. 205 A sanitary sewer connection Certificate of Compliance where required by local 206 ordinance. If Seller does not provide the Certificate of Compliance by the above date, 207 then this Contract shall be voidable at the option of Buyer as Xxxxx’s exclusive remedy. 208 Where applicable, a Cross Connection Certificate of Compliance relating to lawn and 209 building sprinkling systems dated within one year of the date of closing. If Seller does 210 not provide the Certificate of Compliance by the above date, then this Contract shall be 211 voidable at the option of Buyer as Xxxxx’s exclusive remedy./

Seller Warranty. Xxxxxx agrees to deliver possession of the premises and personal property in 176 165 the same condition as it is at the date of this Contract, ordinary wear and tear excepted. 177 166 Buyer acknowledges that Xxxxx has inspected the premises and personal property and is 178 167 acquainted with its condition, and accepts the same in “AS IS” condition as of the time Buyer 179 168 executed this Contract, except Seller warrants the heating (and air conditioning) equipment 180 169 and systems, water heater, (water softener), plumbing and electrical equipment and systems, 181 170 kitchen appliances, and where applicable (septic system), (well), (swimming pool and 182 171 equipment), and (sprinkling system), to be in normal operating condition as of possession 183 172 transfer. A system shall be deemed to be in normal operating condition if it performs the 184 173 function for which it is intended regardless of age and does not constitute a threat to health or 185 174 safety. Unless written notice of breach of warranty is delivered by Buyer to Seller prior to 186 175 possession transfer, this warranty will be conclusively deemed to have been satisfied; 187 176 provided, however, that Buyer shall have six (6) months after possession transfer to provide 188 177 written notice to Seller of any defect existing as of possession transfer in the heating (and air 189 178 conditioning) equipment and systems, (septic system), (swimming pool and equipment), or 190 179 (sprinkling system) if said equipment could not be tested by Buyer or Buyer’s licensed home 191 inspector Xxxxx at the time of any 180 inspection conducted in conjunction with this Contract. 192 181 If deleted pursuant to Paragraph 23B 22B As Is: Seller’s Initials / Buyer’s Initials / 193 13. Water System Evaluations. Seller shall provide to Buyer by 12/1/19 at Seller’s expense 194 (check if applicable): 195 An evaluation of the (well)/(septic) systems, where applicable, dated within 90 days of 196 closing including sampling of the well verifying that the water is bacteriologically safe, 197 that the nitrate level is within requirements approved by the State of Illinois, that the 198 well and septic systems meet with all applicable health department requirements and 199 are in normal operating condition without observable defects. The well and septic 200 evaluations shall be conducted by the local county health department or an Illinois 201 licensed environmental health practitioner in accordance with local health department 202 requirements. If Seller does not provide Buyer with satisfactory well and septic 203 evaluations by the above date, then this Contract shall be voidable at the option of 204 Buyer as Xxxxx’s exclusive remedy. 205 A sanitary sewer connection Certificate of Compliance where required by local 206 ordinance. If Seller does not provide the Certificate of Compliance by the above date, 207 then this Contract shall be voidable at the option of Buyer as Xxxxx’s exclusive remedy. 208 Where applicable, a Cross Connection Certificate of Compliance relating to lawn and 209 building sprinkling systems dated within one year of the date of closing. If Seller does 210 not provide the Certificate of Compliance by the above date, then this Contract shall be 211 voidable at the option of Buyer as Xxxxx’s exclusive remedy./

Seller Warranty. Xxxxxx agrees to deliver possession of the premises and personal property in 176 161 the same condition as it is at the date of this Contract, ordinary wear and tear excepted. 177 Buyer 162 Xxxxx acknowledges that Xxxxx has inspected the premises and personal property and is 178 163 acquainted with its condition, and accepts the same in “AS IS” condition as of the time Buyer 179 164 executed this Contract, except Seller warrants the heating (and air conditioning) equipment 180 165 and systems, water heater, (water softener), plumbing and electrical equipment and systems, 181 166 kitchen appliances, and where applicable (septic system), (well), (swimming pool and 182 167 equipment), and (sprinkling system), to be in normal operating condition as of possession 183 168 transfer. A system shall be deemed to be in normal operating condition if it performs the 184 169 function for which it is intended regardless of age and does not constitute a threat to health or 185 170 safety. Unless written notice of breach of warranty is delivered by Buyer to Seller prior to 186 171 possession transfer, this warranty will be conclusively deemed to have been satisfied; 187 172 provided, however, that Buyer shall have six (6) months after possession transfer to provide 188 173 written notice to Seller of any defect existing as of possession transfer in the heating (and air 189 174 conditioning) equipment and systems, (septic system), (swimming pool and equipment), or 190 175 (sprinkling system) if said equipment could not be tested by Buyer or Buyer’s licensed home 191 176 inspector at the time of any inspection conducted in conjunction with this Contract. 192 177 If deleted pursuant to Paragraph 23B 22B As Is: Seller’s Initials / Buyer’s Initials / 193 178 13. Water System Evaluations. Seller shall provide to Buyer by 12/1/19 at Seller’s expense 194 179 (check if applicable): 195 180 An evaluation of the (well)/(septic) systems, where applicable, dated within 90 days of 196 181 closing including sampling of the well verifying that the water is bacteriologically safe, 197 182 that the nitrate level is within requirements approved by the State of Illinois, that the 198 183 well and septic systems meet with all applicable health department requirements and 199 184 are in normal operating condition without observable defects. The well and septic 200 185 evaluations shall be conducted by the local county health department or an Illinois 201 186 licensed environmental health practitioner in accordance with local health department 202 187 requirements. If Seller does not provide Buyer with satisfactory well and septic 203 188 evaluations by the above date, then this Contract shall be voidable at the option of 204 189 Buyer as Xxxxx’s exclusive remedy. 205 190 A sanitary sewer connection Certificate of Compliance where required by local 206 191 ordinance. If Seller does not provide the Certificate of Compliance by the above date, 207 192 then this Contract shall be voidable at the option of Buyer as Xxxxx’s exclusive remedy. 208 193 Where applicable, a Cross Connection Certificate of Compliance relating to lawn and 209 194 building sprinkling systems dated within one year of the date of closing. If Seller does 210 195 not provide the Certificate of Compliance by the above date, then this Contract shall be 211 196 voidable at the option of Buyer as Xxxxx’s 's exclusive remedy.