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. (b) Specifically, and without limitation, no warranty is given in respect to any other matters relating to the construction of the Unit or the condition of the premises including without limitation of the following or the consequences thereof:

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. (b) Specifically, Specifically and without limitation, no warranty is given in respect to any other matters relating to the construction of the Unit or the condition of the premises including without limitation of the following or the consequences thereof: (i) Nail pops, seam ridge and shrinkage in drywall, lumber, trim Millwork and wood floors. (ii) Settling of the areas around the house, driveways, or trenches where utility lines and/or pipes are located underground. (iii) Cracking, dripping or discoloration of or imperfections in grout, drywall, stucco, concrete, foundation or basement walls. (iv) Shrinking or warping of doors less than one-half (1/2) inch. (v) Color variations in fixtures, appliances, stained wood, tile, brick mortar or stucco. (vi) Quantity or quality of growth of grass. It is the responsibility of owner to water, fertilize, and reseed as necessary. Any soil washouts from rain or melting snow from date of substantial completion are the responsibility of Buyer.

Seller’s Limited Warranty. (aA) SELLER EXPRESSLY WARRANTS THAT IT WILL CORRECT ANY MATERIAL DEFECTS IN THE HEATINGSeller warrants that each Product, PLUMBINGwhen shipped, AIR CONDITIONING, ELECTRICAL, ROOFING OR MAJOR STRUCTURAL SYSTEMS OF THE HOUSE THAT OWNER, BY DUE WRITTEN NOTICE, CALLS TO SELLER'S ATTENTION WITHIN TWELVE and for a period of twelve (12) MONTHS months thereafter will be in substantial compliance with Seller’s applicable written technical documentation for the Product. Seller will have the right to make substitutions and modifications from time to time in the specifications of Product sold by Seller provided that such substitutions or modifications will not materially affect overall Product performance. In the case that such modifications cause change to the form, fit and/or function of the Product, Seller will provide written notification to Buyer of their intentions and work with Buyer to transition the new device to production in a mutually acceptable manner. (B) EXCEPT FOR SELLER’S LIMITED WARRANTY SET FORTH IN SECTION 10(A) ABOVE, SELLER PROVIDES THE SOFTWARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE DATE OF SETTLEMENT, PROVIDED THAT SUCH DEFECTS DO NOT RESULT WARRANTY CONTAINED IN WHOLE OR IN MATERIAL PART FROM WORK. ALTERATIONS OR OTHER ACTS PERFORMED OTHER THAN SECTION 10 REGARDING THE PRODUCT IS THE ONLY WARRANTY GIVEN BY SELLER. SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, ACTS OF GOD WHETHER EXPRESS, IMPLIED 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 SELLERSTATUTORY, INCLUDING, WITHOUT LIMITATION, ANY HEIR, ADMINISTRATOR, SUCCESSOR AND/OR ASSIGN OF BUYER. ALL OTHER EXPRESS OR THE IMPLIED WARRANTIES ARE EXCLUDED, INCLUDING SPECIFICALLY ANY AND ALL WARRANTIES OF MERCHANTABILITY OR AND OF FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL HAVE THE SOLE RIGHT TO DETERMINE WHETHER A DEFECT SHALL BE CORRECTED , ANY WARRANTY OF NON-INFRINGEMENT, AND ANY WARRANTY THAT MAY ARISE BY REPAIR REASON OF USAGE OF TRADE, CUSTOM OR REPLACEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES OR PERSONAL INJURIES ARISING UNDER THE WARRANTY OR THIS AGREEMENTCOURSE OF DEALING, AND BUYER HEREBY EXPRESSLY WAIVES ANY AND ALL SUCH WARRANTIES. (bC) Specifically, and without limitation, no warranty is given in With respect to any other matters relating to the construction claims asserting breach of the Unit limited warranty set forth in Section 10(A) above, Seller’s liability is limited, at Seller’s option, to replacing, repairing or issuing credit to Buyer (without interest), provided that prior to any replacement, repair or credit the condition following conditions are satisfied: (i) Seller is promptly notified in writing by Buyer upon discovery of any such breach; (ii) the defective Product(s) are returned to Seller, transportation charges prepaid by Buyer; (iii) the defective Product(s) are received by Seller for adjustment no later than four (4) weeks following the last day of the premises including without limitation warranty period along with proof of the following purchase; and (iv) Seller’s examination of such Product will disclose to Seller’s own satisfaction that such failures did not arise as a result of misuse, abuse, improper installation or the consequences thereof:application, repair, alteration, or accident, or negligence in use, storage, transportation or handling by a person or entity other than Seller. The remedies provided in this Section 10(A) are Buyer’s sole and exclusive remedies for breach of warranty by Seller.

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. (b) Specifically, and without limitation, no warranty is given in respect to any other matters relating to the construction of the Unit or the condition of the premises including without limitation of the following or the consequences thereof: B UYER’S INITIALS: (i) Nail pops, seam ridge and shrinkage in drywall, lumber, trim Millwork and wood floors. (ii) Settling of the areas around the Unit, driveways, or trenches where utility lines and/or pipes are located underground. (iii) Cracking, dripping or discoloration of or imperfections in grout, drywall, stucco, concrete, foundation or basement walls. (iv) Shrinking or warping of doors less than one-half (1/2) inch. (v) Color variations in fixtures, appliances, stained wood, tile, brick mortar or stucco. (vi) Quantity or quality of growth of grass, trees and shrubs. It is the responsibility of Buyer to water, fertilize, trim trees and shrubs and reseed as necessary. Any soil washouts from rain or melting snow and lack of growth of trees and shrubs from date of substantial completion are the responsibility of Buyer. (vii) Seller will not warrant on-lot plantings. It is the responsibility of the Buyer to monitor and care for on-lot planting from the date of Settlement. (viii) Dampness or water in the basement. If however, Seller is notified in writing by owner within twelve (12) months of the date of Settlement that there is water seepage into the basement, Seller will at no cost to Buyer, install a sump pump. (ix) Any condensation problems, including but not limited to windows, skylights or attics. (x) Seller will not be responsible for any condensation caused by placement of recessed lighting in cathedral ceilings and/or areas where condensation can be created. (xi) Any appliances, component equipment and the like for which the manufacturer thereof issues a separate warranty except as to Seller's workmanship with respect to installation of the equipment (and Seller shall assign to Buyer all guarantees or warranties extended by the manufacturer of any equipment).

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. (b) Specifically, and without limitation, no warranty is given in respect to any other matters relating to the construction of the Unit or the condition of the premises including without limitation of the following or the consequences thereof: (i) Nail pops, seam ridge and shrinkage in drywall, lumber, trim Millwork and wood floors.

Seller’s Limited Warranty. (aA) SELLER EXPRESSLY WARRANTS THAT IT WILL CORRECT ANY MATERIAL DEFECTS IN THE HEATINGSeller warrants that each Product, PLUMBINGwhen shipped, AIR CONDITIONING, ELECTRICAL, ROOFING OR MAJOR STRUCTURAL SYSTEMS OF THE HOUSE THAT OWNER, BY DUE WRITTEN NOTICE, CALLS TO SELLER'S ATTENTION WITHIN TWELVE and for a period of twelve (12) MONTHS months thereafter will be in substantial compliance with Seller’s applicable written technical documentation for the Product. Seller will have the right to make substitutions and modifications from time to time in the specifications of Product sold by Seller provided that such substitutions or modifications will not materially affect overall Product performance. In the case that such modifications cause change to the form, fit and/or function of the Product, Seller will provide written notification to Buyer of their intentions and work with Buyer to transition the new device to production in a mutually acceptable manner. (B) EXCEPT FOR SELLER’S LIMITED WARRANTY SET FORTH IN SECTION 10(A) ABOVE, SELLER PROVIDES THE SOFTWARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE DATE OF SETTLEMENT, PROVIDED THAT SUCH DEFECTS DO NOT RESULT WARRANTY CONTAINED IN WHOLE OR IN MATERIAL PART FROM WORK. ALTERATIONS OR OTHER ACTS PERFORMED OTHER THAN SECTION 10 REGARDING THE PRODUCT IS THE ONLY WARRANTY GIVEN BY SELLER. SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, ACTS OF GOD WHETHER EXPRESS, IMPLIED 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 SELLERSTATUTORY, INCLUDING, WITHOUT LIMITATION, ANY HEIR, ADMINISTRATOR, SUCCESSOR AND/OR ASSIGN OF BUYER. ALL OTHER EXPRESS OR THE IMPLIED WARRANTIES ARE EXCLUDED, INCLUDING SPECIFICALLY ANY AND ALL WARRANTIES OF MERCHANTABILITY OR AND OF FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL HAVE THE SOLE RIGHT TO DETERMINE WHETHER A DEFECT SHALL BE CORRECTED , ANY WARRANTY OF NON-INFRINGEMENT, AND ANY WARRANTY THAT MAY ARISE BY REPAIR REASON OF USAGE OF TRADE, CUSTOM OR REPLACEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES OR PERSONAL INJURIES ARISING UNDER THE WARRANTY OR THIS AGREEMENTCOURSE OF DEALING, AND BUYER HEREBY EXPRESSLY WAIVES ANY AND ALL SUCH WARRANTIES. (bC) Specifically, and without limitation, no warranty is given in With respect to any other matters relating to the construction claims asserting breach of the Unit limited warranty set forth in Section 10(A) above, Seller’s liability is limited, at Seller’s option, to replacing, repairing or issuing credit to Buyer (without interest), provided that prior to any replacement, repair or credit the condition following conditions are satisfied: (i) Seller is promptly notified in writing by Buyer upon discovery of any such breach; (ii) the defective Product(s) are returned to Seller, transportation charges prepaid by Buyer; (iii) the defective Product(s) are received by Seller for adjustment no later than four (4) weeks following the last day of the premises including without limitation warranty period along with proof of the following purchase; and (iv) Seller’s examination of such Product will disclose to Seller’s own satisfaction that such failures did not arise as a result of misuse, abuse, improper installation or the consequences thereof:application, repair, alteration, or accident, or negligence in use, storage, transportation or handling by a person or entity other than Seller. The remedies provided in this Section 10(C) are Buyer’s sole and exclusive remedies for breach of warranty by Seller.