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.
Appears in 4 contracts
Samples: Membership Agreement, Membership Agreement, Membership Agreement
Warranty Resolution. 1. All unresolved warranty issues by the Purchaser Customer against the Member arising under the RWC Detached Garage Warranty Program shall be referred to RWC for settlement in accordance with the procedures established by RWC.
2. The Member shall have a representative present when if RWC performs an Inspectioninspection. RWC will notify the Member in advance of the scheduled time and date.
3. The 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, construction of the 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. The Member shall be bound by and shall comply with the decision of RWC. The 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 or otherwise challenge RWC’s 's decision.
5. In the event that an unresolved warranty issue between the Member and Homeowner/Property Owner the Customer is submitted to arbitration as provided in the warranty bookRWC Detached Garage Warranty Program, the Member agrees to be bound by the arbitrator’s decision. Member shall have a representative present at the arbitration hearing.
6. If the Member fails to perform its obligations hereunder, hereunder in a timely and good and workmanlike manner manner, including the restoration of repaired affected areas to their original condition as required by the RWC Detached Garage 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. E.2 hereof.
7. The Member shall be responsible for all arbitration fees on homes, detached garages, commercial buildings and remodeling projects garages 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 HomeownerCustomer. In all other jurisdictions, where such a requirement is valid, such fees shall initially be paid by the Homeowner/Property OwnerCustomer, but the arbitrator will may award the cost to the Homeowner/Property Owner Customer if he prevails.
Appears in 2 contracts
Samples: Membership Agreement, Membership Agreement
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.
Appears in 1 contract
Samples: Membership Agreement
Warranty Resolution. 1. All unresolved warranty issues by the Purchaser against the Member arising under the RWC MHWC Warranty Program shall be referred to RWC MHWC for settlement in accordance with the procedures established by RWCMHWC.
2. Member shall have a representative present when RWC MHWC performs an Inspection. RWC MHWC will notify the Member in advance of the scheduled time and date.
3. Member shall cooperate fully in the warranty resolution process including full cooperation with an the investigator appointed by RWCMHWC. In this connection, Member shall, upon request, furnish RWC MHWC 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 teststests if applicable, 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 RWCMHWC. 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 or otherwise challenge RWCMHWC’s decision.
5. In the event that an unresolved warranty issue between Member and Homeowner/Property Owner Homeowner 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, hereunder in a timely and good and workmanlike manner manner, including the restoration of repaired affected areas to their original condition as required by the RWC MHWC Warranty Program 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 homes 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, 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 Homeowner if he prevails.
Appears in 1 contract
Samples: Membership Agreement