8. REMEDIAL ACTIONS TO BE TAKEN BY BUILDER: If and when a defect for which the Builder is responsible under Sections 3, 4 or 5 of this Warranty occurs, the Purchaser must give prompt and written notice to the Builder in the manner specified in Section 11. In that event, the Builder will repair, replace, or pay the reasonable cost of repairing or replacing the defective component. The Builder will have the right to decide in its own discretion which of those remedies it will provide. If the Builder voluntarily offers or furnishes any remedy not legally required of it in any one instance, that action will not create an obligation to do so in any other instance; nor will any remedial action taken by the Builder at any time extend the time periods or alter the scope or conditions of the Warranty relating to the Home. 9. SUBROGATION: If the Builder repairs, replaces or pays the cost of repairing or replacing under this Warranty any defect or component for which the Purchaser is covered by a manufacturer’s warranty or by insurance, the Builder will be subrogated, automatically, to the rights of the Purchaser under that manufacturer’s warranty or insurance coverage, to the extent of the costs paid or incurred by the Builder.
10. ADDITIONAL LIMITATIONS:
a. Under no circumstances will the Builder be liable for special, incidental or consequential damages (including, but not limited to, bodily injury, death, loss of the use of the Home, damage to property of any kind not furnished by the Builder, or attorney’s / expert’s / consultant’s fees and costs), regardless of the form of action or legal theory under which any claim is asserted against the Builder for breach of warranty, breach of contract, negligence or strict liability. b1. NON-MARYLAND HOMES: To the fullest extent of applicable law, there is no express warranty of any kind, or implied warranty obligation (including, but not limited to, any implied warranty of merchantability, habitability, or fitness for a particular purpose) given or undertaken by the Builder in connection with the construction or sale of the Home, and relating to the quality or condition of any part of the Home, except for this Warranty, unless expressly stated in your Purchase Agreement. No officer, employee or agent of the Builder is authorized to grant any other express warranty or representation or undertake any implied warranty obligation beyond the provisions of this Warranty at any time. b2. MARYLAND ONLY: In addition to the express warranty provided herein, Purchaser may avail themselves of the implied warranties provided under Maryland Real Property Code Ann. Section 10-203 (the “Statutory Warranty”). Specifically, the Statutory Warranty provides that the Home must be free from faulty materials, constructed according to sound engineering standards, constructed in a workmanlike manner and be fit for habitation. Except for the Statutory Warranty and the express warranty provided herein, there are no other warranties, express or implied, of any kind given or undertaken by the Builder in connection with the construction or sale of the Home, and relating to the quality or condition of any part of the Home. No officer, employee or agent of the Builder is authorized to grant any other express warranty or representation beyond the provisions of this Warranty at any time. c. The repair, replacement or payment remedy selected by the Builder will be the exclusive remedy for which the Builder will be liable with respect to the pertinent defect. In no event will the Builder be liable for repair costs or other Warranty obligations amounting in the aggregate to more than the purchase price of the Home.
43
Made with FlippingBook - professional solution for displaying marketing and sales documents online