THE LIMITED WARRANTY
3. Failure of your Builder to complete construc- tion of the Home or any part of the Home on or before the Effective Date Of Warranty or damages arising from such failure. An incom- plete item is not considered a Defect, although your Builder may be obligated to complete such items under separate agreements between you and your Builder. 4. Any deficiency which does not result in actual physical damage or loss to the Home. 5. Any Consequential Damages. 6. Personal property damage or bodily injury. 7. Violation of applicable Building Codes or ordi- nances unless such violation results in a Defect which is otherwise covered under this Limited Warranty. Under such circumstances, the ob- ligation of the Warrantor under this Limited Warranty shall only be to repair the defective warranted portion of the Home, but not to re- store or bring the Home to conform to code. 8. Any request for warranty performance submit- ted to the Administrator after an unreasonable delay or later than 30 days after the expiration of the applicable warranty period. 9. Warranted Defects that you repair without prior written authorization of the Administrator. 10. Any damage to or resulting from the use, con- struction, placement, equipment, components, maintenance, etc., whether inside or outside the Home, of the following: swimming pools, elevators, or solar panels . 11. The removal and/or replacement of items specifically excluded from coverage under this Limited Warranty, such as landscaping or personal property, and items not originally installed by your Builder, such as wallpaper, where removal and replacement are required to execute a repair. 12. Any Defect consisting of, caused by, contrib- uted to, or aggravated by moisture, wet or dry rot, mold, mildew, fungus or rust, regardless of the originating cause of any moisture or water penetration that leads to the Defect. 13. Sound transmission and sound proofing be - tween rooms or floor levels. 14. Appliances and Equipment included in the Home are not warranted under this Lim- ited Warranty, but may be covered by separate warranties provided by the manufacturer or supplier. These warranties are passed on to you by your Builder at closing and are sepa- rate from this Limited Warranty. Damage
caused by improper maintenance or operation, negligence, or improper service of these items by you or your agent will not be covered under this Limited Warranty. † 15. Modifications or additions to the Home, or property under or around the Home, made af- ter the Effective Date of Warranty (other than changes made in order to meet the obligations of this Limited Warranty).
SECTION
II.
F. Limitation of Liability 1. The Warrantor’s liability and obligations are limited to the repair, replacement or the payment of the reasonable cost of repair or replacement of warranted items not to exceed an aggregate equal to the Final Sales Price of the Home as listed on the Application for War- ranty form or in the absence of an Application for Warranty form, as otherwise provided to the Administrator by the Builder. The choice to repair, replace or make payment is the Warran- tor’s. 2. All other warranties, express or implied, including, but not limited to, all implied warranties of fitness, merchantability or habit - ability, are disclaimed and excluded to the extent allowed by law.
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† Homeowners in the State of New York, refer to State of New York Addendum, Section V.B.
WPMIC #319 Rev. 8/19 © 1996 Harrisburg, PA
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