REQUESTING WARRANTY PERFORMANCE
may schedule a subsequent inspection to determine Builder compliance. When a request for warranty performance is filed and the deficiency cannot be observed under normal conditions, it is your responsibility to substantiate that the need for warranty performance exists in - cluding any cost involved. If properly substantiated, you will be reimbursed by the Warrantor. E. Arbitration You begin the arbitration process by giving the Admin - istrator written notice of your request for arbitration of an Unresolved Warranty Issue. The written notice of your request for arbitration must be received by the Administrator no later than thirty (30) days following the expiration of the ten year warranty period. However, if you receive notification of an Unresolved Warranty Issue from the Administrator following the expiration of the ten year warranty period, then this period is extended and written notice of your request for arbitration must be received by the Administrator no later than thirty (30) days from the date of your receipt of notification of the Unresolved Warranty Issue. Within twenty (20) days after the Administrator’s receipt of your notice of request for arbitration, any Unresolved Warranty Issue that you have with the Warrantor shall be submitted to an independent
Within one (1) year after an arbitration award, either party may apply to the U.S. District Court where the Home is situated to confirm the award. The Admin - istrator’s receipt of a written request for arbitration in appropriate form shall stop the running of any statute of limitations applicable to the matter to be arbitrated until the Arbitrator renders a decision. The decision of the Ar- bitrator shall be final and binding upon all parties. † Since this Limited Warranty provides for mandatory binding arbitration of Unresolved Warranty Issues, if any party commences litigation in violation of this Limited Warranty, such party shall reimburse the other parties to the litigation for their costs and expenses, in- cluding attorney fees, incurred in seeking dismissal of such litigation. In Years 1 & 2, the Builder shall have sixty (60) days from the date the Administrator sends the Arbitrator’s award to the Builder to comply with the Arbitrator’s decision. In Years 3-10, the Warrantor shall have sixty (60) days from the date the Administrator receives the Arbitrator’s award to comply with the Arbitrator’s decision. Warranty compliance will begin as soon as possible and will be completed within the sixty-day compliance period with the exception of any repair that would reasonably take more than sixty (60) days to complete, including, but not limited to, repair delayed or prolonged by inclement weather. The Warrantor will complete such repair or replacement as soon as pos- sible without incurring overtime or weekend expenses. You may request a compliance arbitration within twen- ty (20) days after the sixty-day compliance period has expired by giving the Administrator written notice of your request. You must pay the fees for the compliance arbitration prior to the matter being submitted to the arbitration service. F. Conditions of Warranty Performance 1. You must provide the Warrantor and/or Admin- istrator with reasonable weekday access during normal business hours to inspect the condition of your Home and/or to perform their obligations. 2. When your request for warranty performance is determined to be a warranted issue, the Warrantor reserves the right to repair or replace the warranted item, or to pay you the reasonable cost of repair or replacement. 3. In Years 1 and 2, if your Builder defaults in its warranty obligations, the Administrator will process the request for warranty perfor- mance provided you pay a warranty service
SECTION IV.
arbitration service experienced in arbitrating residential construction matters upon which you and the Adminis- trator agree. This binding arbitration is governed by the procedures of the Federal Arbitration Act, 9 U.S.C. §§ 1 et. seq. If you submit a request for arbitration, you must pay the arbitration fees before the matter is submitted to the arbitration service. After arbitration, the Arbitrator shall have the power to award the cost of this fee to any party or to split it among the parties to the arbitration. The arbitration shall be conducted in accordance with this Limited Warranty and the arbitration rules and regulations to the extent that they are not in conflict with the Federal Arbitration Act.
† Homeowners in the State of New York, refer to State of New York Addendum, Section V.B.
page 22
WPMIC #319 Rev. 8/19 © 1996 Harrisburg, PA
Made with FlippingBook - Online catalogs