EXECUTIVE HOMES, LLC
NEW HOME EXPRESS LIMITED WARRANTY AGREEMENT
(ONE YEAR)
1.
Name(s) of Homeowner(s):
2. Street Address of Property:
3. Commencement Date of Warranty:
BY SIGNING BELOW, HOMEOWNER(S) UNDERSTAND AND AGREE THAT
THIS WARRANTY IS AN EXPRESS LIMITED WARRANTY IN WHICH
EXECUTIVE HOMES, LLC’S, LIABILITY IS EXPRESSLY LIMITED. BY
SIGNING
BELOW,
HOMEOWNER(S)
ACKNOWLEDGE
HAVING
RECEIVED, READ, AND UNDERSTOOD THE ENTIRE NEW HOME
EXPRESS LIMITED WARRANTY AGREEMENT.
DATED this
day of
, 20
HOMEOWNER(S)
.
HOW TO SUBMIT A WARRANTY REQUEST
Please submit ALL warranty requests through our
Warranty Submission Portal, which you can find at:
www.executivehomes.com/warranty
The home page of our Warranty Submission Portal has helpful
instructions and tips for submitting your warranty requests.
At the bottom of the warranty home page, you will be asked
to confirm your understanding of the warranty program prior
to accessing the page to submit your requests.
If you have any questions about the warranty program, feel free
to contact our warranty team at warranty@executivehomes.com.
Emergency subcontractor numbers. In the event you
experience a claim that qualifies for Emergency Warranty
Service (as defined on page 11 of this Agreement), please
immediately contact the applicable subcontractor listed
below AND submit your request through the Warranty
Submission Portal.
Plumber – Kimbel Mechanical Systems: 539-208-8290
HVAC – Call the number displayed on your thermostat.
Electrician – Call the number displayed on your breaker panel.
Aerobic Tank (Lots ½-Acre or Larger) – Mike Smith: 918-798-4670
2
INTRODUCTION
The Residence (as defined below) has been constructed in accordance with accepted home
building practices and, as a part of the customer service provided by Executive Homes, LLC (“Executive”),
includes this New Home Express Limited Warranty Agreement (“Warranty”). This Warranty contains six
sections, as outlined here:
Section A.
Section B.
Section C.
Section D.
Section E.
Section F.
Distinguishes routine maintenance and “punch list” items, which are not covered,
from items that are covered under this Warranty;
Describes the protection this Warranty affords the Homeowner, and defines the
warranty standards used to determine coverage under this Warranty;
Describes what is excluded from coverage under this Warranty;
Explains the procedure for making claims under this Warranty;
Contains the general conditions of the Warranty, including the Homeowner’s
responsibilities;
Defines the capitalized terms used in this Warranty.
HOMEOWNER SHOULD READ THIS WARRANTY IN ITS ENTIRETY TO UNDERSTAND THE PROTECTION
IT
PROVIDES,
THE
APPLICABLE
EXCLUSIONS,
STANDARDS
GOVERNING
COVERAGE
DETERMINATIONS, AND THE HOMEOWNER’S RESPONSIBILITIES.
SECTION A. THIS WARRANTY IS NOT A MAINTENANCE AGREEMENT. There are a number of maintenance
agreements, insurance agreements, and buyer protection plans Homeowner may obtain to cover postclosing maintenance and repair items. This Warranty is not one of them.
1. Pre-Closing Punch List. Prior to closing, Homeowner was given an opportunity to thoroughly
examine the Residence and provide Executive with a complete and final “punch list” to enable
Executive to perform all repairs and improvements at one time before closing. Unless
otherwise covered under this Warranty, no maintenance, repairs, or improvements will be
made to the Residence after closing.
2. Maintenance. All homes, due to factors beyond Executive’s control, such as normal wear and
tear, natural settling, and Oklahoma’s weather conditions, require a routine maintenance
program. This Warranty does not provide such maintenance. Examples of maintenance that
shall be the exclusive responsibility of the Homeowner include, without limitation:
a.
Maintaining the exterior drainage established by Executive, including all grades and
swales. The grade around the foundation, including the sod or grass thereon, must be
maintained by Homeowner in order to allow surface drainage to flow away from the
foundation. Homeowner must not permit water to “pond” or become trapped in
localized areas around the foundation. Homeowner acknowledges that surface grading
is intended to protect the foundation and is not designed to immediately drain water
off the property. Standing water in swales or other locations around the property is not
covered under this warranty and is considered Homeowner maintenance to resolve via
underground drains or other remedial measure that may be desired by the Homeowner.
b. Maintaining, and keeping unobstructed, all gutters, downspouts, French drains, tight
lines, or drains of any kind. Overflow that may occur from gutters, downspouts, and
drains, or any consequences that may result therefrom, is excluded from this Warranty.
c.
Settling around the foundation, pedestals, utility lines, fences, aerobic or septic tanks,
sprinklers, retaining walls, gutter downspouts, AC pads, ditches, and other areas is
excluded from this Warranty. Homeowner should backfill these areas to prevent further
settling.
d. Maintaining all lawn and landscaping. Landscaping and sod are not covered under this
Warranty. Homeowner is responsible for adequately watering lawn and landscaping,
3
which should be performed in a uniform manner in order to ensure soil around
foundation is moist, NOT SATURATED.
e.
Flowerbeds and landscaping around or near the foundation will generally result in a net
increase of the soil moisture content in that localized area. It is Homeowner’s
responsibility to maintain a balanced soil moisture content around the perimeter of the
foundation.
f.
Maintaining grout on all tiled areas, including floors, showers, and backsplashes.
Homeowner can use the tube of silicone grout caulk Executive provided prior to closing
to install and touch-up grout as needed.
g. Cracks or separations due to drying, expansion or contraction caused by temperature
changes, natural aging, natural exposure to the elements, and condensation caused by
weather changes are to be expected on the interior and exterior of the Residence.
Therefore, these items are to be considered maintenance items and are excluded from
this Warranty.
h. All trim will expand and contract due to normal settling and weather changes.
Homeowner is responsible for re-caulking trim as may be necessary.
i.
Caulking around the exterior of windows, doors, and other surfaces will shrink because
of exposure to elements, and changes in temperature and humidity. Homeowner is
responsible for re-caulking exterior windows, doors, roof vents, and other surfaces to
prevent water leaks.
j.
Maintaining caulk seals around bathtubs, showers, and plumbing fixtures.
k.
Draining or otherwise protecting pipes and exterior faucets exposed to freezing
temperatures, including winterizing the sprinkler system.
l.
Maintaining and keeping brick and window weep holes clean and clear of debris in
order to allow for proper drainage.
m. Cleaning and maintaining weather stripping on exterior doors and windows.
n. Reinstalling or tightening doorknobs and cabinet knobs as they may become loose or
fall off. Homeowner can use the Allen wrench provided above the door frames to tighten
the door knobs.
SECTION B. WHAT IS COVERED BY THIS WARRANTY. Subject to the exclusions set forth in herein, this
Warranty provides Homeowner with the following protection:
1.
Defects in Materials and Workmanship. For a period of one (1) year from the Commencement
Date, the Residence will be free from defects in materials and workmanship due to
nonconformity with the warranty standards set forth herein.
2.
Major Structural Defects. For a period of one (1) year from the Commencement Date, and
subject to the terms and conditions listed in this Warranty, Executive warrants that the
Residence will be free from Major Structural Defects (defined in Section F below).
3.
Warranty Standards. Unless otherwise addressed by the terms of this Warranty, the following
warranty standards shall govern claims submitted hereunder:
a.
National and Local Warranty Standards. This Warranty adopts and incorporates by
reference the warranty standards set forth in the New Home Limited Warranty
Agreement published by the Oklahoma State Home Builders Association (“Oklahoma
HBA”), dated September 1, 2015. The Oklahoma HBA warranty standards were developed
from the Residential Construction Performance Guidelines promulgated by the National
4
Association of Home Builders. These national and local warranty standards have been
incorporated into this Warranty to provide Executive and Homeowner with objectively
defined performance standards to evaluate and determine whether a claim is covered
under this Warranty.
b. Application of Warranty Standards. Coverage determinations for claims submitted by
the Homeowner under this Warranty shall be derived and determined in the following
order of priority: (1) the express provisions of this Warranty; (2) the warranty standards
contained in the Oklahoma HBA’s New Home Limited Warranty, as revised and adopted
on September 1, 2015; (3) the guidelines contained in the National Association of Home
Builders Residential Construction Performance Guidelines (edition in effect at the time
of construction); (4) the International Residential Code (as adopted in the jurisdiction
where construction occurs); and, (5) if no specific standards are otherwise provided, the
standard shall be the locally accepted industry practice for workmanship and materials
in existence during construction.
4. Conditions Applicable. Warranty coverage is conditioned upon Homeowner’s compliance with
the terms and conditions of this Warranty and proper maintenance of the Residence. This
Warranty will not provide coverage for Homeowner’s failure to prevent damage due to neglect,
abnormal use, or improper maintenance.
5.
Executive’s Responsibilities. If a defect covered under this Warranty arises in the Residence
during the one (1) year period of the Warranty, Executive will repair, replace, or pay the
Homeowner the reasonable cost of repairing or replacing the defective item, as reasonably
determined by Executive. If a Major Structural Defect arises in the Residence during the one (1)
year Warranty, Executive will repair, replace, or pay the Homeowner the reasonable cost of
repairing or replacing the defective item, limited to such actions as are necessary to restore loadbearing capability to the portion of the Residence damaged by the Major Structural Defect and
which makes the Residence physically unsafe. In each instance, Executive’s responsibility for
Warranty coverage under this Warranty is subject to the following:
a.
In the event of a Warranty claim, the decision to repair or replace a defective item, or to
pay the reasonable cost of repair or replacement, is solely that of Executive.
b. Executive’s total liability for all claims made during the term of the Warranty is limited
to and shall not exceed the Homeowner’s purchase price of the Residence, as specified
on the Contract for Construction of Home and Sale of Real Estate executed between
Executive and Homeowner.
c.
Action taken to cure defects will not extend the one (1) year period of coverage specified
in this Warranty.
d. In the event Executive repairs, replaces, or pays the reasonable cost of the repair or
replacement of any defective item covered by this Warranty, Executive shall be
subrogated to all of the Homeowner’s rights of recovery against any person or entity.
Homeowner shall execute and deliver any and all instruments and papers and take any
and all other actions necessary to secure such rights, including, but not limited to,
assignment of the proceeds of any other insurance or warranties to Executive.
Homeowner shall do nothing to prejudice such rights of subrogation.
e.
Notwithstanding anything to the contrary contained in this Warranty, if a claim is
resolved by the payment of cash in lieu of repair or replacement, the payment shall be
made to or on behalf of Homeowner and any mortgagee (or successors), as their
interests may appear, provided Executive shall have no obligation to make payment
jointly to the Homeowner and Homeowner’s mortgagee, where the mortgagee has not
notified Executive in writing of its security interest in the Residence prior to the payment
of the claim.
5
SECTION C. WHAT IS NOT COVERED BY THIS WARRANTY.
1.
Assignment of Consumer Product Warranties. Consumer products are NOT covered by this
Warranty. Executive hereby assigns to Homeowner all rights under manufacturers’ warranties
covering consumer products. “Consumer Products” means all appliances, equipment, and other
items which are defined as consumer products for the purposes of the Magnuson-Moss
Warranty Act (15 USC §§ 2301-2312) and which are located in the Residence on the
Commencement Date. Examples of such consumer products include, but are not limited to,
ceiling fans, blinds, water heaters, air conditioners, furnaces, aerobic or septic systems, sprinkler
systems, pumps, garbage disposals, stoves and ranges, microwaves, refrigerators, dishwashers,
bathtubs, sinks, toilets, faucets and valves, pot fillers, lights and fixtures, humidifiers, ventilation
fans, and similar items. Homeowner is directed to follow the procedures in each respective
manufacturer’s warranty, if any, if defects are found in any consumer products.
2.
Disclaimer of Other Warranties.
EXECUTIVE SPECIFICALLY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF
HABITABILITY, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE. FURTHER, THIS WARRANTY DOES NOT COVER ANY
CONSEQUENTIAL OR INCIDENTAL DAMAGES.
3.
Exclusions from Coverage. The following are excluded from coverage under this Warranty:
a.
Cracking, flaking, pitting, spalling, or chipping of any concrete surface, including the
driveway, sidewalks, patios, or garage floor. Concrete cracking is an inherent and
unavoidable aspect of concrete, and is therefore to be expected.
b. Paint or stain imperfections or defects of any kind, including, but not limited to, color
inconsistency, fading, flaking, overspray, cracking, dripping, bare spots, lap or brush
marks, and splatter.
c.
Paint spills or any stains on the driveway, sidewalks, patios, garage floor, or any other
concrete surface.
d. Consumer products, as set forth above in Section (C)(1).
e.
Any defect, damage, or loss which is caused, or made worse by, failure to comply with a
manufacturer’s warranty requirements concerning Consumer Products.
f.
Cracks, chips, scratches, seams, lippage, or other imperfections in countertops and
backsplashes.
g. Overflow from, or blockage that may occur in, gutters, downspouts, French drains, tight
lines, or other drains, or any consequences that may result therefrom.
h. Freezing or bursting of pipes as a result of exposure to freezing temperatures.
i.
Sprinkler backflow or sprinkler lines freezing and busting. Please winterize your sprinkler
system by calling the number on your sprinkler control box and do not turn it back on
until the weather is constantly above freezing temperatures.
j.
Any defect or condition which does not result in actual physical damage or loss.
k.
All consequential and incidental damages including, but not limited to, damage caused
by a covered defect, cost of shelter, transportation, food, moving, storage, or other
incidental expenses related to relocation or loss of use during repairs.
l.
Personal property damage or bodily injury.
m. Any claim not reported to Executive within a reasonable time.
6
n. Loss or damage resulting from the Homeowner’s failure to perform maintenance.
o.
Loss or damage resulting from the Homeowner’s failure to minimize or prevent loss or
damage in a timely manner.
p. Loss, damage, or injury caused to the Residence, person, or property directly or indirectly
by insects (including termites), birds, vermin, rodents, or wild or domestic animals.
q. Any loss or defect which arises while the Residence is used primarily for nonresidential
purposes.
r.
Loss or damage caused by soil movement, including expansion or lateral movement of
the soil which is covered by any other insurance or for which compensation is granted
by legislation.
s.
Normal deterioration or normal wear and tear.
t.
Any deficiency in or damage caused by material or work supplied by anyone other than
Executive or its employees, agents, or subcontractors.
u. Loss or damage not caused by a defect in construction of the Residence by Executive or
its employee, agents, or subcontractors, but resulting instead from acts of God,
including, but not limited to, windstorms, wind-driven rain, tornadoes, earthquakes,
riots, civil commotion, terrorism, nuclear hazard, natural occurrences, fire, explosions,
blasting, smoke, water escape, hail, lightening, falling trees, aircraft, vehicles, flood, mud
slides, sinkholes, faults, or crevices.
v.
Loss or damage to or resulting from defects in improvements detached from the
Residence, including, but not limited to, sprinkler systems, swimming pools and other
recreational facilities, driveways, detached carports, walkways, patios not structurally
attached, boundary and retaining walls, bulkheads, fences, shrubs, trees and plantings,
French drains, tight lines, aerobic or septic systems, offsite improvements, or any other
improvements not part of the Residence itself.
w. Loss or damage to real or personal property which is not part of the Residence.
x.
Loss or damage to any landscape items including, but not limited to, trees (whether
existing or newly planted), shrubs, and sod.
y.
Loss or damage resulting from, or made worse by, changes in the grading of the
property surrounding the Residence by anyone except Executive, its employees, agents,
or subcontractors, or changes in the grading or drainage of whatsoever nature,
including, but not limited to, erosion, subsidence, or silting.
z.
Loss or damage resulting from, or made worse by, modifications or additions to the
Residence, or property under or around the Residence, made after the Commencement
Date.
aa. Loss or damage resulting from, or made worse by, dampness, condensation, or heat
build-up caused by the failure of the Homeowner to maintain proper ventilation and
interior humidity.
bb. Loss or damage resulting from, or made worse by, negligent maintenance or operation
of the Residence or its systems by Homeowner or anyone other than Executive or its
employees, agents, or subcontractors.
cc. Loss or damage resulting from a condition not resulting in actual physical damage to
the Residence, including uninhabitableness or health risk due to the presence or
consequences of insects, unacceptable levels of mold, mildew, radon, formaldehyde,
7
carcinogenic substances or other pollutants and contaminants, or the presence of
hazardous or toxic materials or other fungi, dampness of atmosphere or extremes of
temperature.
dd. Loss or damage caused directly or indirectly by surface water, flood, overflow of body of
water, humidity or spray from any of those (whether or not driven by wind), water which
backs up from sewers or drains, changes in the water table which are not reasonable
foreseeable, or water below the surface of the ground (including water which exerts
pressure on or seeps or leaks through the building, sidewalk, driveway, foundation,
swimming pool or other structure).
ee. Violations of applicable building codes or ordinances after final approval from the
applicable governmental agency.
ff. Loss or damage resulting from weight and/or performance of any overly heavy object,
such as a waterbed or pool table.
SECTION D. HOW TO SUBMIT A CLAIM UNDER THIS WARRANTY. Before submitting a claim under this
Warranty to Executive, Homeowner should carefully read and review this Warranty in its entirety to
determine whether a claim is covered.
1.
Give Notice to Executive of Defects. To invoke any protection offered by this Warranty,
Homeowner must send notice to Executive, as set forth herein, which clearly describes the
defect in reasonable detail. Homeowner’s claim and request for Warranty must submitted
online
through
our
Warranty
Submission
Portal,
located
at
www.executivehomes.com/warranty.
2.
Notice for Emergency Warranty Service. If a claim qualifies for Emergency Warranty Service
(as defined in Section F), Homeowner should directly call the applicable subcontractor
identified on page 2 of this Warranty. After contacting the applicable subcontractor,
Homeowner should notify Executive of the claim via the online Warranty Submission Portal
(www.executivehoms.com/contact-us/warranty). If the Homeowner contacts any person or
entity other than Executive or the applicable subcontractors identified herein for Emergency
Warranty Service, then the Homeowner shall be responsible for the costs associated with any
such service or repair.
3.
Information Which Must Be Provided. Homeowner’s written claim and request for Warranty
service must submitted through Executive’s online Warranty Submission Portal, and must
include, at a minimum:
a. Homeowner’s name, address, and phone number where Homeowner can be reached
during business hours; and,
b. A complete description of the problem for which Homeowner seeks Warranty service.
(For example, “Guest bath-cold water line leaks under sink” rather than “plumbing
problem in bathroom.”)
Upon receipt of a request for Warranty service, Executive’s Warranty Department will contact
Homeowner to discuss the request and to determine appropriate action. If subcontractors
are required to complete repairs, Executive will notify the appropriate persons/entities and
the Homeowner will be contacted directly by such subcontractors to schedule the Warranty
work.
4.
When to Submit a Claim. Excluding Emergency Warranty Service, Executive will return to
the Residence one (1) time eleven (11) months after closing to complete all covered
Warranty items and repairs that may arise during the Warranty period. Homeowner
should submit all Warranty claims eleven (11) months after closing; Warranty claims
submitted prior to this time will not constitute a valid notice under this Warranty, and will
not result in Executive returning to the Property prior to the time stated herein.
8
5.
Repairs or Work Performed by Third Parties. Unless expressly agreed to by Executive and
Homeowner in writing, Executive will not cover or reimburse Homeowner for any costs
incurred as a result of improvements, maintenance, or repairs performed by a third party.
Executive shall not be responsible for paying after-hours or weekend rates for work performed
by any third-party, even if otherwise approved or covered under this Warranty.
6.
Deadline for Making Claim. In order to constitute a valid claim under this Warranty, written
notice of a covered defect occurring within the one (1) year Warranty period must be received
by Executive within one (1) year from the Commencement Date of this Warranty.
7.
Right of Access and Cooperation. Homeowner must cooperate with Executive’s inspection
and investigation of Homeowner’s claim. Homeowner shall provide Executive and its
subcontractors and other personnel reasonable access during normal business hours in order
to perform Warranty repairs. Executive may request, and Homeowner agrees to timely provide,
any information from Homeowner regarding the claim. FAILURE BY HOMEOWNER TO
PROVIDE SUCH ACCESS OR INFORMATION SHALL RELIEVE EXECUTIVE OF ALL OBLIGATIONS
UNDER THIS WARRANTY AGREEMENT WITH REGARD TO THE CLAIM IN QUESTION. IF ACCESS
IS NOT MADE AVAILABLE FOR TWO ATTEMPTED WARRANTY CALLS, THE WARRANTY FOR
THAT ITEM SHALL TERMINATE.
8.
Latent Defects. When a claim is made for a defective condition that cannot be observed or
determined under normal conditions, it is the Homeowner’s responsibility to substantiate the
existence of the defective condition. The costs involved in substantiating the condition shall be
paid by the Homeowner, regardless of whether a defective condition is uncovered or revealed.
9.
Warranty Disputes. Any and all claims, disputes, and controversies between the Homeowner
and Executive relating to the condition of the Residence or the method of construction used
by Executive, whether arising under this Warranty or otherwise, shall be administered as
follows:
a.
At least ninety (90) days before filing any action involving a defective condition,,
Homeowner shall send to Executive a Notice of Defects (as defined herein) via certified
mail, return receipt requested. The Notice of Defects shall be a letter from Homeowner
addressed to Executive, and which contains the following information: (i) the name,
address, and telephone number of Homeowner; (ii) the address of the Residence; (iii) a
detailed and itemized list of each and every item or condition which Homeowner deems
defective, including a reference to the provision(s) of this Warranty under which the
Homeowner contends Warranty coverage applies; and (iv) copies of all documentation
produced by third-parties who have inspected the items or conditions which
Homeowner deems defective (the “Notice of Defects”).
b. Within fifteen (15) days after receipt of the Notice of Defects, Executive shall provide a
written response to the Homeowner which either: (i) offers to repair, replace, or
compensate Homeowner; (ii) requests an inspection of the Residence; or (iii) denies
Homeowner’s request for Warranty coverage. Executive’s offer to repair, replace, or
compensate must provide reasonable details of the repairs or replacements Executive
will make and a reasonable estimate of when the repair, replacement, or compensation
will be made.
c.
If Executive’s response to the Notice of Defects requests the opportunity to inspect the
defects identified in the Notice of Defects, Homeowner shall make the Residence
available for such inspection within fifteen (15) days after Homeowner receives
Executive’s response. Executive shall have five (5) days after inspecting the Residence to
provide owner with a response which either: (i) offers to repair, replace, or compensate
Homeowner; or (iii) denies Homeowner’s request for Warranty coverage.
9
d. Within fifteen (15) days after receipt of Executive’s response, Homeowner must provide
written reply to Executive and may include a counteroffer to Executive’s offer to
compensate for, repair, or replace any alleged defects, if applicable.
e.
f.
Within fifteen (15) days after receipt of Homeowner’s reply, Executive may submit a final
offer to Homeowner to repair some or all the defects identified in the Notice of Defects.
If Executive and Homeowner cannot resolve any outstanding issues between them after
exhausting the procedure outlined in this Section (D)(9), either party may then proceed
with an action against the other in the district court of the county in which the
Residence is located.
g. Any written notice or response sent pursuant to this Section (D)(9) must be sent by
certified mail, postage prepaid, return receipt requested. Any notices required to be
mailed to Executive shall be addressed as follows: Executive Homes, LLC, PO Box 521209,
Tulsa, Oklahoma 74152.
SECTION E. GENERAL TERMS AND CONDITIONS. The following terms and conditions of general
applicability will govern the interpretation and operation of this Warranty:
1.
Separate Agreement. This Warranty is separate and apart from, and cannot be affected, altered
or amended in any way by, any other agreement which Homeowner may have.
2.
Effective Date. The Warranty period for any item repaired, altered, improved, or completed by
Executive after the Commencement Date shall be deemed to have begun on the
Commencement Date.
3.
Waiver. Executive’s delay or decision to not enforce any provision of this Warranty shall not be
deemed a waiver and shall in no way affect Executive’s right or ability to invoke any provision of
this Warranty.
4. Severability. Should any provision of the Warranty be determined by a court of competent
jurisdiction to be unenforceable, that determination will not affect the validity of the remaining
provisions.
5.
Binding Effect. This Warranty is binding on Executive, its successors and assigns, and binding
on the Homeowner. This Warranty shall not be assignable by Homeowner by operation of law
or otherwise. No beneficiaries are or shall be created hereunder, including but not limited to
persons or entities who have purchased the Residence from the Homeowner.
6. Choice of Law & Venue. This Warranty shall be interpreted and enforced in accordance with
laws of the State of Oklahoma, and venue shall be appropriate in the district court of the county
in which the Residence is located.
7. Excusable Delay. If performance by Executive of any of its obligations under the Warranty is
delayed by an event not resulting from Executive’s own conduct, such performance will be
excused until the delaying effects of the event are deemed remedied. Such events include, but
are not limited to, acts of God or common enemy, war, riot, terrorism, civil commotion or
sovereign conduct, or acts or omissions by the Homeowner or any other person not a party to
this Warranty.
8. Gender and Plurals. Whenever appropriate, it is intended that the use of one gender in this
Agreement includes all genders and the use of the singular includes the plural.
9. Headings. The headings of any section or paragraph, other than those contained in Section F,
are intended only for the purposes of clarity and organization, and shall not be construed or
used to modify or interpret any provision of this Warranty.
10
SECTION F. DEFINITIONS. For the purpose of this Warranty, the following terms shall have the meanings
set forth herein:
1.
Consumer Products. This term shall have the meaning set forth in Section (C)(1) of this
Warranty.
2.
Cooling, Ventilating, and Heating Systems. This term refers to all components of the cooling,
ventilating and heating systems, including, without limitation, furnace, condenser, compressor,
heat exchanger, air exchanger, ductwork, refrigerant lines, steam and water pipes, registers,
convectors, and dampers.
3.
Commencement Date. The date specified on Page 1 of this Warranty.
4. Electrical Systems. This term includes all wiring, electrical boxes, and connections, up to the
public utility connections.
5.
Emergency Warranty Service. Emergency Warranty service is limited to the following:
a.
Total loss of heat when the outside temperature is below 45 degrees, or total loss of air
conditioning when the outside temperature is above 85 degrees;
b.
Total loss of electricity (check with the utility company prior to reporting this
circumstance to Executive);
c.
Plumbing or water leak of any kind;
d.
Total loss of water (check with your water company to be certain the problem is not a
general outage in the area);
e.
Gas leak (contact your utility company or plumber if leak is at the furnace or water
heater supply lines).
6. Executive. Executive Homes, LLC.
7. Homeowner. The Homeowner shall include only the first Homeowner(s) of the Residence
identified on Page 1 of this Warranty.
8. Major Structural Defects. All of the following conditions must be established to constitute a
Major Structural Defect (“MSD”):
a.
Actual physical damage to a load bearing component of the Residence;
b.
that causes failure of a specified major structural component (“Major Structural
Component”); and
c.
that materially affects the physical safety of the occupants of the Residence.
i. “Major Structural Components” of the Residence deemed to have MSD potential
include the following:
a.
b.
c.
d.
e.
f.
g.
h.
Roof framing members (rafters and trusses);
Floor framing members (joists and trusses);
Bearing walls;
Bearing columns;
Lintels (other than lintels supporting veneers);
Girders;
Load-bearing beams; and
Foundation systems and footings
11
ii. “Major Structural Components” of the Residence that are NOT considered MSD
include the following:
a.
b.
c.
d.
e.
f.
g.
h.
i.
Non-load-bearing partitions and walls;
Wall tile or paper, etc.;
Plaster, laths, or dry wall;
Flooring and sub flooring material;
Brick, stucco, stone, veneer, or any type of exterior siding;
Roof shingles, sheathing and tar paper;
Cooling, Ventilating, and Heating Systems, Plumbing Systems,
Electrical Systems, and mechanical systems;
Consumer Products; and
Doors, trim, cabinets, hardware, insulation, paint and stains.
9. Plumbing Systems. This term includes all pipes (supply and waste) and their fittings, as well as
gas supply lines and vent pipes located within the Residence.
10. Residence. The single-family dwelling, and the real property to which it is affixed, purchased
by Homeowner from Executive in connection with this Warranty, more particularly identified
on Page 1 of this Warranty.
12