HOMEOWNER'S LIMITED TEN YEAR
STRUCTURAL WARRANTY
ROUSE/CHAMBERLIN HOMES
Revised 2/24/99
INDEX
Page
I. What is covered 3
II. What the Builder Will Do 4
III. Warranty Limits 4
IV. Exclusions 4
V. Resale 7
VI. How to Make a Structural Claim 7
VII. Mediation 8
VIII. Miscellaneous 9
Waiver of Trial Jury 10
Notice of Claim Form 11
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HOMEOWNER'S LIMITED TEN YEAR
STRUCTURAL WARRANTY
ROUSE/CHAMBERLIN HOMES
Rouse/Chamberlin Homes (the "Builder") warrants against loss to the Home you
have
purchased ("Home") caused by Structural Defects, as defined herein, which first
occur during
the Warranty Term under the terms and conditions stated below. When used
herein, the term
"Homeowner" means the person(s) who hold(s) title to the Home.
1. What is Covered
A. This limited warranty covers Structural Defects in the Home which first occur
during the ten
(10) year period commencing on the date of initial settlement of the Home (the
"Warranty Term").
B. A "Structural Defect" is actual physical damage to the following designated
load-bearing
portions of the Home caused by failure of their load-bearing function to the
extent that the Home
becomes unsafe, unsanitary or otherwise
unlivable:
(1) Foundation systems and footings;
(2) Beams
(3) Girders;
(4) Lintels;
(5) Columns;
(6) Walls and partitions;
(7) Floor systems; and
(8) Roof framing systems.
C. Examples of nonload-bearing elements which would NOT be considered a
Structural Defect
if they failed include:
(1) non-load-bearing partitions and walls;
(2) wall tile or wall coverings; plaster, laths, or drywall;
(4) flooring and subflooring material;
(5) brick, stucco or stone veneer;
(6) any type of exterior siding or finish;
(7) roof shingles, sheathing, or tar paper;
(8) heating, cooling, ventilating, plumbing, electrical and mechanical systems;
(9) appliances, fixtures or items of equipment;
(10) doors, trim, cabinets, hardware, insulation, paint, stains;
(I 1) basement and other interior ground-supported concrete floor slabs.
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II. What the Builder will do:
A. Subject to the warranty limits defined below, if a Structural Defect is
covered by this warranty,
Builder will repair, pay for and/or replace the Structural Defects or make
arrangements for such
repairs and/or replacement. Builder shall have the sole and complete discretion
to determine the
methods and manner for repairing and/or replacing Structural Defects. No
repairs or replacements
made under the terms and conditions of the warranty shall act to extend the
Warranty Term.
B. The repair of a Structural Defect is limited to:
(1) The repair of defects in the load-bearing portions of the Home which repair
is necessary to
restore their load-bearing function;
(2) The repair of nonload-bearing walls, floors, ceiling, windows, doors,
electrical, plumbing, heating,
cooling and ventilating systems of the Home damaged by the Structural Defect if
such items make the
Home unsafe, unsanitary or otherwise unlivable ("Related Damages") (An example
of Related Damages
would be failure of the electrical system resulting from a structural failure
of the foundation in which case
the electrical system would also be repaired.); and
The repair and cosmetic restoration of only those surfaces. finishes and
coverings, original to the Home,
damaged by the Structural Defect, or which must be removed in order to repair
the Structural Defect.
Builder will not be responsible for removing, repairing, replacing or paying
for any Homeowner-installed
items such as fences, landscaping. sprinkler systems, furniture, rugs,
wallpaper or other improvements
installed by the Homeowner.
C. Within fifteen (15) days of receipt of written notice of a claim of a
Structural Defect, Builder will
acknowledge receipt of the notice and beam the investigation of the claim.
III. Warranty Limits
Builder's total liability for all Structural Defects arising during the Warranty
Term is limited to the final
sales price of the Home paid to Builder which includes the parcel of land on
which the Home was
constructed.
IV. Exclusions
This warranty does not apply to:
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A. Defects in outbuildings, including detached garages and detached carports,
(except outbuildings
which contain the plumbing, electrical, heating, cooling or ventilation systems
which also provide service
to the Home); swimming pools and other recreational facilities; driveways;
walkways; patios; decks;
boundary walls; retaining walls and bulkheads (except where boundary walls,
retaining walls and
bulkheads are necessary for the structural stability of a covered building);
fences; landscaping
(including sodding, seeding, shrubs, trees, and plantings); sprinkler systems;
off-site improvements or any
other improvements not a part of the Home;
B. Damage to real property which is not part of the Home covered by the home
warranty and which is
not included in the purchase price of the Home;
C. Bodily or personal injury of any kind (including physical or mental pain and
suffering and emotional
distress), medical, hospital, rehabilitation or other incidental expenses,
damage to personal property, or
damage to any property of others;
D. Any loss or damage which the Homeowner has not taken appropriate action to
minimize as soon as
practicable (see Homeowner's Responsibilities);
E. Any defect in material or work supplied by anyone other than the Builder or
its employees, agents or
subcontractors, and any covered defect which was caused by defective material
or work supplied by
anyone other than the Builder or its employees, agents, or subcontractors:
F. Loss of use, loss of opportunity, loss of market value. loss of rental value
or any other consequential
loss (except to the extent that any such exclusion is not permitted by law)-,
G. Defects in any property which was not included in the original Home delivered
for the original final
sales price;
H. Any damage to the extent it is caused or made worse by:
(1) Negligence, failure to perform maintenance, improper maintenance or improper
operation by anyone
other than Builder or its employees, agents or subcontractors;
(2) Failure by the Homeowner to give prompt and proper notice to Builder of any
defects;
(3) Changes of the grading of the ground, that do not comply with accepted
grading practices, including
the Homeowner's failure to maintain the original grade;
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(4) Loss or damage not caused by defect or deficiency in the design or
construction of the Home by the
Builder, or its employees, agents or subcontractors;
(5) Loss or damage externally caused, including, but not limited to, acts of
God, riot or civil commotion,
windstorm, fire, explosion, smoke, water, hail, lightning, falling trees or
other objects, aircraft, vehicles,
flood, mud slides, earthquakes, volcanic eruption, radon or other gases, abuse
or use of the Home, or
any part thereof, beyond the reasonable capacity of such part for such use, or
by any other external
cause;
(6) Changes in the level of the underground water table which were not
reasonably foreseeable at the
time of construction of the Home;
(7) Subsidence or soil movement which was not reasonably predictable through
reasonable soil testing
or other geographical investigation at the time of construction of the Home;
(8) Any loss, damage, defect, cost or expense which is caused, in whole or in
part, by any peril or
occurrence for which compensation is provided by state legislation, or which is
covered by other
insurance or public funds to the extent that such compensation is paid by such
other providers;
(9) Insect damage, vermin, radiation, pollution. or toxic substances of any
kind;
(10) Any loss or damage which arises while the Home is being, used primarily for
nonresidential
purposes:
(11) Any condition which does not result in actual physical damage to the Home,
(12) Costs of shelter, transportation, food, moving, storage, or other
incidental expenses related to
relocation during repair, or any other costs due to loss of use, inconvenience
or annoyance;
(13) Normal wear and tear and normal deterioration;
(14) Dampness or condensation due to the failure of the Homeowner to maintain
adequate ventilation;
(15) Failure by the Homeowner, or by anyone other than the Builder or its
employees, agents or
subcontractors, to comply with the warranty requirements of manufacturers of
appliances, equipment
or fixtures;
I. Glass breakage;
J. Failure of the Builder to perform any washing, cleaning or clean-up of any
kind;
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K. Structural slab foundation systems that have experienced some movement but
are within the
foundation's design performance criteria;
L. Loss or damage not otherwise excluded under this Warranty, which does not
constitute a defect in
the construction of the Home by the Builder, or its employers, agents or
subcontractors;
M. Any notice of claim received by Builder more than 30 days after expiration of
this warranty;
V. Resale
All rights and obligations of the Homeowner hereunder shall fully transfer to
each
successor in title to the Home, including any mortgagee in possession, for the
remainder of the Warranty
Term and any such transfer shall in no way affect or reduce the coverage under
this warranty for its
unexpired term. There is no limit to the number of such transfers during the
Warranty Term, nor any
cost hereunder as a result of such successions.
VI. How to Make a Structural Claim
A. Notice of Claim: All notice of claims against the Builder must be pursued by
the Homeowner in writing
on the attached form or other written notice that a claim is made under this
warranty explaining the claim
and Structural Defect in detail. All Notices must be sent to:
Rouse/Chamberlin Homes
500 Exton Commons
Exton, PA 19341
Attn: Warranty Claims
B. In response to receipt of a notice of claim, Builder will:
(1) Inspect the defect, damage or problem as reported by the Homeowner within
thirty (30) days of
receipt of the notice;
(2) Within sixty (60) days of receipt of notice, send Homeowner a brief
narrative describing the problem
as Builder understands it. as well as Builder's opinion as to the cause of the
problem. The narrative will
address whether a Structural Defect exists and either a description of
recommended repairs of the
Structural Defect or the reasons why the Homeowner's claim does not qualify for
repairs under this
warranty.
C. If Homeowner disagrees with Builder's analysis, Homeowner may arrange for an
independent
state-licensed engineer to inspect the alleged defects and report his/her
findings in writing to Builder and
Homeowner. The cost of such
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investigation will be born by Homeowner. If the engineer's report identifies
Structural Defects (as defined
herein), Builder will be entitled to arrange for its own independent
state-licensed engineer to inspect the
alleged defects and report his/her findings in writing or Builder may elect to
correct the Structural Defect
as described in Homeowner's report. If either engineer's report does not
identify the problem as being a
Structural Defect, then the claim will be deemed denied by Builder.
VII. Mandatory Mediation
A. Should Homeowner disagree with Builder's decision to
deny the claim, Homeowner shall request a mediation to
be conducted by the American Arbitration Association or
other mediation service approved by Builder (the
"Mediation Service") at Builder's expense. Homeowner
will be required to refund the mediation administrative
fee to Builder for any mediations requested by
Homeowner at which conclusion it is determined that
every disputed item in the mediation is decided in favor
of Builder. Homeowner will still be required to refund the mediation
administrative fee to Builder even if some items of dispute are resolved
between the parties before mediation but after the request for mediation is
acknowledged by the Mediation
Service. The mediation process will be conducted in accordance with the
warranty conditions described
herein and the rules and regulations of the Mediation Service. The mediation
provided for hereunder shall
not be legally binding. but shall be a condition precedent to the commencement
of any litigation by any party
to compel compliance with the warranty documents or to seek relief for any
dispute arising out of this
warranty. A form to request mediation may be obtained by calling the American
Arbitration Association at
(215) 732-5260 or by calling such other service approved by the Builder. The
completed request for
mediation form must be submitted by Homeowner to Builder and the Mediation
Service. The mediation
hearing shall be arranged by the Mediation Service and shall be held at the
residence, or any other location
designated by the mediator. Unless an extension is agreed to by all parties,
the mediator shall issue the
decision within twenty (20) days from the date of the hearing. At the hearing,
the parties may present
evidence; however, formal rules of evidence will not be applicable. There will
be no transcript or record
of the hearing. All matters discussed at mediation are confidential, and
nothing discussed shall be admissible
in subsequent litigation.
B. Compliance Inspection Process
When Homeowner and Builder accept a mediation decision which requires Builder to
perform repairs,
Builder shall perform such repairs in accordance with the decision. If
Homeowner remains dissatisfied after
Builder has
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completed the repairs, then Builder will arrange with the Mediation Service, at
Homeowner's request and
expense, to have a compliance inspection conducted to attempt to resolve any
remaining disputes resulting
from the attempted repairs. Homeowner must request such a compliance inspection
in writing no later than
thirty (30) days after Builder has completed such repairs. If the inspection
reveals that the work has not been
performed properly, then the compliance inspection fee described will be
refunded to Homeowner. If the
compliance inspector determines that Builder has performed adequately, the
inspection fee will not be
refunded and no additional repairs will be performed.
VIII. Miscellaneous
A. If Builder's performance of any of its obligations is delayed by any
Excusable Delay (as defined below),
Builder will be excused from performance until the affects of that event are
remedied. Excusable Delays
include, but are not limited to inclement weather, fire, storm, strikes,
walk-outs or other labor disputes
affecting Builder or Builder's suppliers of material or labor, delay in
issuance of permits, acts of war,
emergency proclamations, sewer moratoriums, governmental regulations, or other
matters outside of
Builder's control.
B. No one is authorized to change, alter or add to this warranty without the
express written consent of Builder.
C. Homeowner will allow Builder, or its agents, employees or subcontractors
access to the Home during
normal business hours when Builder is repairing or investigating a Structural
Defect claim.
D. Any item requiring repair or replacement which cannot be repaired or replaced
with products readily and
currently available in the standard marketplace will be replaced or repaired
with products of similar kind and
quality which are readily available.
E. The written warranty program provided by Builder is the only warranty made to
Homeowner and, in
consideration thereof, HOMEOWNER HEREBY WAIVES ANY AND ALL EXPRESS OR IMPLIED
WARRANTIES FROM BUILDER AND BUILDER'S GENERAL CONTRACTOR (IF DIFFERENT
THAN BUILDER) IN CONNECTION WITH THE HOME INCLUDING BUT NOT LIMITED TO
ANY WARRANTY OF HABITABILITY, REASONABLE WORKMANSHIP. MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY AND ALL PATENT
(VISIBLE) OR LATENT (HIDDEN) DEFECTS. The written warranty program is in place
of other express
or implied warranties by Builder, Builder's agents or employees. or any other
person. including any
representation made in brochures,, drawings, renderings or other sales
materials.
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F. After implementation of the mediation procedure set forth
above, if a dispute still exists with respect to Builders
performance of its obligations under this Warranty,
Homeowner agrees that the Court of Common Pleas of
Chester County, Pennsylvania shall have the sole
jurisdiction over any suits or action filed with respect
thereto. In addition, the Homeowner expressly WAIVES
THE RIGHT TO A JURY TRIAL in any action or lawsuit
filed in connection with this warranty program.
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TEN YEAR LIMITED STRUCTURAL WARRANTY
Rouse/Chamberlin
500 Exton Commons
Exton, PA 19341
Attn: Warranty Claims
NOTICE OF CLAIM FORM
Structural Claims Only
Please refer to Homeowner's Warranty Documents for mailing instructions and
pertinent information.
Name:
______________________________________________________________________________
Property in dispute:
______________________________________________________________________________
Home Phone: _______________ Business Phone: ____________ Fax:___________________
Owner Address (if different than the Property):
______________________________________________________________________________
______________________________________________________________________________
Description of Claim: (Please be specific)
(Attach additional sheet or photographs, if necessary)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Date: _____________________ ___________________________________________________
Homeowner Signature
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