Common use of Seller’s Limited Warranty Clause in Contracts

Seller’s Limited Warranty. (a) SELLER EXPRESSLY WARRANTS THAT IT WILL CORRECT ANY MATERIAL DEFECTS IN THE HEATING, PLUMBING, AIR CONDITIONING, ELECTRICAL, ROOFING OR MAJOR STRUCTURAL SYSTEMS OF THE HOUSE THAT OWNER, BY DUE WRITTEN NOTICE, CALLS TO SELLER'S ATTENTION WITHIN TWELVE (12) MONTHS OF THE DATE OF SETTLEMENT, PROVIDED THAT SUCH DEFECTS DO NOT RESULT IN WHOLE OR IN MATERIAL PART FROM WORK. ALTERATIONS OR OTHER ACTS PERFORMED OTHER THAN BY SELLER, ACTS OF GOD OR ANY OTHER CAUSES NOT DIRECTLY ATTRIBUTABLE TO SELLER. THIS WARRANTY IS GIVEN EXCLUSIVELY FOR THE BENEFIT OF BUYER AND DOES NOT EXTEND TO, NOR SHALL IT BE ASSIGNED OR TRANSFERRED TO, ANY FUTURE OWNER OF THE HOUSE WITHOUT THE PRIOR WRITTEN CONSENT OF SELLER, INCLUDING, WITHOUT LIMITATION, ANY HEIR, ADMINISTRATOR, SUCCESSOR AND/OR ASSIGN OF BUYER. ALL OTHER EXPRESS OR IMPLIED WARRANTIES ARE EXCLUDED, INCLUDING SPECIFICALLY ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL HAVE THE SOLE RIGHT TO DETERMINE WHETHER A DEFECT SHALL BE CORRECTED BY REPAIR OR REPLACEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES OR PERSONAL INJURIES ARISING UNDER THE WARRANTY OR THIS AGREEMENT.

Seller’s Limited Warranty. (a) SELLER EXPRESSLY WARRANTS THAT IT WILL CORRECT ANY MATERIAL DEFECTS IN THE HEATING, PLUMBING, AIR CONDITIONING, ELECTRICAL, ROOFING OR MAJOR STRUCTURAL SYSTEMS OF THE HOUSE THAT OWNER, BY DUE WRITTEN NOTICE, CALLS TO SELLER'S ATTENTION WITHIN TWELVE (12) MONTHS OF THE DATE OF SETTLEMENTSUBSTANTIAL COMPLETION, PROVIDED THAT SUCH DEFECTS DO NOT RESULT IN WHOLE OR IN MATERIAL PART FROM WORK. ALTERATIONS OR OTHER ACTS PERFORMED OTHER THAN BY SELLER, ACTS OF GOD OR ANY OTHER CAUSES NOT DIRECTLY ATTRIBUTABLE TO SELLER. THIS WARRANTY IS GIVEN EXCLUSIVELY FOR THE BENEFIT OF BUYER AND DOES NOT EXTEND TO, NOR SHALL IT BE ASSIGNED OR TRANSFERRED TO, ANY FUTURE OWNER OF THE HOUSE WITHOUT THE PRIOR WRITTEN CONSENT OF SELLER, INCLUDING, WITHOUT LIMITATION, ANY HEIR, ADMINISTRATOR, SUCCESSOR AND/OR ASSIGN OF BUYER. ALL OTHER EXPRESS OR IMPLIED WARRANTIES ARE EXCLUDED, INCLUDING SPECIFICALLY ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL HAVE THE SOLE RIGHT TO DETERMINE WHETHER A DEFECT SHALL BE CORRECTED BY REPAIR OR REPLACEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES OR PERSONAL INJURIES ARISING UNDER FROM ANY BREACH OF THE WARRANTY OR OF THIS AGREEMENT.