Warranty Resolution. 1. All unresolved warranty issues by the Purchaser against the Member arising under the RWC Warranty Program shall be referred to RWC for settlement in accordance with the procedures established by RWC.
2. Member shall have a representative present when RWC performs an Inspection. RWC will notify Member in advance of the scheduled time and date.
3. Member shall cooperate fully in the warranty resolution process including full cooperation with an investigator appointed by RWC. In this connection, Member shall, upon request, furnish RWC or its investigator with copies of the design and specifications of the home, detached garage, commercial building or remodeling project, certification of drainage, soil and compaction tests, warranty or customer service files and any and all further investigations conducted by Member or its representatives. Certification of drainage, soil and compaction tests will not be required of Members who manufacture homes or commercial buildings, but do not erect those homes or commercial buildings on lots.
4. Member shall be bound by and shall comply with the decision of RWC. Member agrees that it will not commence any arbitration proceeding with Purchaser unless expressly permitted to do so in the applicable limited warranty and will not otherwise challenge RWC’s decision.
5. In the event that an unresolved warranty issue between Member and Homeowner/Property Owner is submitted to arbitration as provided in the warranty book, Member agrees to be bound by the arbitrator’s decision. Member shall have a representative present at the arbitration hearing.
6. If Member fails to perform its obligations hereunder, in a timely and good and workmanlike manner including the restoration of repaired affected areas to their original condition as required by the RWC Warranty Program and subject to its terms, conditions, standards and exclusions, such failure shall be considered a failure to perform as governed by paragraph E.2. hereof.
7. Member shall be responsible for all arbitration fees on homes, detached garages, commercial buildings and remodeling projects located in New York, New Jersey or in any other state or municipal jurisdiction which provides that no portion of such fees shall be payable by the Homeowner. In all other jurisdictions, where such a requirement is valid, such fees shall initially be paid by the Homeowner/Property Owner, but the arbitrator will award the cost to the Homeowner/Property Owner if he prevails.
Warranty Resolution. 1. All unresolved warranty issues by the Homeowner against the Member arising under the HOME Remodeler Limited Warranty Program shall be referred to HOME for settlement in accordance with the procedures established by HOME.
2. Member shall have a representative present when HOME performs an Inspection. HOME will notify Member in advance of the scheduled time and date.
3. Member shall cooperate fully in the warranty resolution process including full cooperation with an investigator appointed by HOME. In this connection, Member shall, upon request, furnish HOME or its investigator with copies of the design and speci- fications of the construction of the remodeling project, certification of drainage, soil and compaction tests, warranty or customer service files and any and all further investigations conducted by Member or its representatives.
4. Member shall be bound by and shall comply with the decision of HOME. Member agrees that it will not commence any arbitra- tion proceeding or otherwise challenge HOME’s decision.
5. In the event that an unresolved warranty issue between Member and Homeowner is submitted to arbitration as provided in the HOME Remodeler Warranty Program, Member agrees to be bound by the arbitrator’s decision. Member shall have a representa- tive present at the arbitration hearing.
6. If Member fails to perform its obligations hereunder in a timely and good and workmanlike manner including the restoration of repaired affected areas to their original condition as required by the HOME Remodeler Limited Warranty Program and subject to its terms, conditions, standards and exclusions, such failure shall be considered a failure to perform as governed by paragraph E.2 hereof.
7. Member shall be responsible for all arbitration fees on remodeling projects located in any state or municipal jurisdiction which provides that no portion of such fees shall be payable by the Homeowner. In all other jurisdictions, where such a requirement is valid, such fees shall initially be paid by the Homeowner, but the arbitrator will award the cost to the Homeowner if he pre- vails.
Warranty Resolution. CMCO reserves the right to repair or replace defective items. CMCO, at its sole discretion, shall repair or replace, but not install, any part or parts of the product found to CMCO satisfaction to be defective within the warranty. Any warranty adjustments or repairs made by CMCO shall not extend the initial warranty period. CMCO will not reimburse expenses incurred by the Purchaser in removing, replacing, installing, repairing, or returning defective manufactured products or any parts. CMCO shall not be responsible for any costs or expenses for repairs made by anyone other than CMCO unless such repairs have been authorized in advance, and in writing, by CMCO. Expenses incurred for field repair, replacement, or field services of CMCO manufactured products or parts may be honored at the sole discretion of CMCO. Any agreement for additional field installation charges must be approved by CMCO in writing. To be considered, a fixed price quote from the Purchaser, or its representative, shall be submitted in writing prior to any repairs having been performed. Reasonable expenses may be considered, and final determination is the sole right of CMCO. Invoices issued for field service repairs or replacements, which have not been authorized by CMCO, will not be honored. All invoices issued for field service rework must be specifically broken down into exact material costs, labor hours, mileage, and other charges. Charges that are not specifically broken down, documented, or deemed excessive will not be honored. If repair, replacement, or field services are provided, and CMCO determines that there is no defect within the provisions of this warranty, then the Purchaser shall pay for any and all expenses associated with such repair, replacement, or field service. Our goals at CMCO are to provide quality Deliverables and customer satisfaction. All valid warranty claims will be processed and resolved as expeditiously as possible under the circumstances. Purchasers experiencing quality or other issues with Deliverables should direct their communications to Quality Assurance Department, Chillicothe Metal Co., Inc. may be issued by CMCO from time to time with respect to a particular Deliverable and, in the absence of other written warranties of this specific nature, the above warranty is the only warranty offered by CMCO covering the Deliverables. CMCO neither assumes nor does it authorize any other person to assume on its behalf, any other liability in connection with the De...
Warranty Resolution. CMCO reserves the right to repair or replace defective items. CMCO, at its sole discretion, shall repair or replace, but not install, any part or parts of the product found to CMCO satisfaction to be defective within the limited warranty. Any warranty adjustments or repairs made by CMCO shall not extend the initial warranty period. CMCO will not reimburse expenses incurred to the purchaser in removing, replacing, installing, repairing, or returning defective equipment or any parts. CMCO shall not be responsible for any costs or expenses for repairs made by anyone other than CMCO unless such repairs have been authorized in advance, and in writing, by CMCO.
