11. SUBMITTING A WARRANTY REQUEST: During the Warranty periods of the home, if a concern arises that you as the Purchaser believe should fall under the coverage detailed in this Guide, please submit a warranty request by contacting Customer Care by one of the following methods: Phone: 877-550-7926, Monday-Friday, 8am-5pm EST, or Website: myryanhome.com. Once you have submitted a warranty request to Customer Care, you should expect a response within 1-3 business days. The Builder has thirty (30) days from the date we receive your claim in which to address the concern. You must make yourself and your Home available to the Builder for inspection at a mutually agreeable time during normal business hours (Monday through Friday) during this thirty (30) day period. In all communications, be sure to include your full name, lot number, community name, address and daytime telephone number and be sure to describe clearly the nature of your claim and your expected outcome. We have the right to waive the timeframes given above based on the circumstances and such waiver shall not diminish or affect any rights or remedies available to the Builder under this Warranty. 12. PROCEDURE FOR REQUESTING MEDIATION: If after thirty (30) days of submitting your service request to Customer Care, you believe you have not obtained satisfactory performance under this Warranty, you are required to file for mediation with the American Arbitration Association (the “AAA”) ( ADR.org ). Submission to mediation is an express condition precedent before you may file any legal action. Mediation shall be commenced by Purchaser by filing an AAA Demand for Mediation form with the AAA and the Builder. The mandatory mediation requirement set forth herein applies to any and all claims, controversies, or disputes you have with Builder arising out of or related in any way to your Home, the purchase of your Home, this Warranty, any repair performed or payment made under this Warranty, and any other agreements, communications, or dealings between you and Builder, including without limitation any disputes concerning alleged breach of contract, express or implied warranties, personal injury, and any other tort or statutory causes of action. Purchaser agrees to make the Home and premises and any alleged defects available for inspection by the Builder and its representatives during normal business hours upon reasonable notice. Purchaser must file the Demand for Mediation within ninety (90) days after being denied their warranty claim by a Builder representative. Your right to demand mediation of the claim expires on the 91st day following the warranty claim denial, and you expressly agree that no legal action may be initiated after the 91st day following the warranty claim denial unless mediation was timely demanded with the AAA. Mediation is not arbitration. In mediation, a neutral third party works with the parties to try to reach an agreement that will resolve the dispute. Purchaser and Builder agree to use good-faith efforts to resolve their disputes through mediation. Purchaser and Builder agree to share the costs of the mediation equally. The party who files the request for mediation must pay any filing fee to initiate the mediation, subject to a credit in the amount of half of the filing fee that will be charged to the other party as its share of the mediation costs. Purchaser and Builder shall bear their own costs and expenses, including attorneys’ fees, for any mediation. The entire mediation proceeding shall be confidential. Builder at its sole election may include its contractors, suppliers or vendors as parties to the mediation. 13. EFFECT OF OTHER LAWS ON WARRANTY PROVISIONS: Notwithstanding any other provision of this Warranty, the Purchaser’s rights and the Builder’s obligations hereunder shall be without any force and effect and this Warranty shall be deemed superseded by any U.S. Government required warranty or other third-party warranty provided to Purchaser as required by local jurisdictions. 14. NOTICE REGARDING DELIVERY OF WARRANTY INFORMATION TO FUTURE PURCHASERS: In the event that you eventually decide to sell your Home, it is your responsibility to deliver this Warranty information to any subsequent Homeowner.
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