Wolter Construction LLC
Homeowner’s Limited Warranty Agreement
Wolter Construction LLC (US), is a South Dakota limited liability company and behalf of itself and it’s subcontractors, agrees to provide (YOU) with the following Limited Warranty. This agreement is only between US and YOU, the original buyer of the residence. This Limited Warranty is effective for one year period beginning the date of closing without further action by US or YOU. This Homeowner’s Warranty Agreement is incorporated in and made part of the Sale and Purchase Agreement.
The Limited Warranty does not apply to damage or defects resulting from natural disasters. This Limited Warranty does not apply to manage or defects caused by YOU.
YOU agree that any other representation, warranties, liabilities or claims (including those made by our subcontractors), of any nature, express or implied, including, those of workmanlike construction, habitability, design, condition, quality, or otherwise, are expressly disclaimed by US.
All Warranty Claims must be submitted to US in writing. Mail to 4100 harvest Lane, Piedmont, SD 57769 or email to firstname.lastname@example.org. Upon receiving any written claim, We will make every reasonable effort to resolve valid claims of defective materials and/or workmanship as We deem appropriate.
After a Warranty Claim has been submitted and reviewed by Our representative, YOU will be contacted, and an appointment will be scheduled to evaluate the information on the Warranty Claim information.
YOU acknowledge that it is impossible to prevent cracking, pitting, scaling, and/or spalling in driveways, sidewalks, patios, steps, and other concrete area (collectively “flatwork”) due to the nature of the material, together with the soils, weather, and other conditions in South Dakota. YOU understand and agree, that YOU are purchasing the flatwork in its “as is” condition on the date of closing.
We will correct any defective material or workmanship regarding the following components of Your home.
If any foundation cracking is greater than 1/4″, we will repair the foundation related concrete.
We warrant the proper performance of the structural systems in your home, which include walls, floor systems and roof systems. Wall include the originally constructed interior and exterior walls. Floor systems include the flooring structure on the first floor.
We warrant the roofing materials, including trusses and flashings, against leaks and defects. This Limited Warranty does not cover leaks and/or defects which are the results of your activities such as the attachment of external antennas, basketball hoops and so forth. We also do not cover damage caused by acts of nature such as wind, hail, lightning, rain or snow. This Limited Warranty does not cover damage cause by objects falling onto roofing materials or winds in excess of sixty (60) miles per hour. Shingles are covered by a manufacturer’s warranty.
We warrant that the structural components of the plumbing system, the faucets and toilets will function and drain properly if YOU maintain them properly.
HEATING AND COOLING SYSTEMS
We warrant that any heating and air conditioning systems that were installed by US will operated properly in the home, as We constructed it, and that, at the closing, they meet appropriate inspection standards.
On the date of closing, the grade around the home, will be sloped so that water, from rain or snow melt, will drain away from the home. YOU must indemnify and hold US harmless from any claims regarding damages and expenses to drainage issues which are not covered by this Limited Warranty.
Adequate drainage of water away from the home is warranted subject to the following conditions:
Ground surface settling is a natural occurrence, which can change the drainage pattern around the home. If settling occurs, YOU must immediately fill in the settled area and restore the slope so that water drains away from the home. We are not responsible for settling.
We are not responsible for damages that result from any changes in grading or the drainage pattern of the lot after day of closing.
We are not responsible for damages to the residence, the lot, or neighboring properties that result from YOUR failure to maintain OUR drainage patterns.
You acknowledge that sod and sprinkler system must be installed at least four(4) feet from the foundation of the home. We are not responsible for any damage resulting from improper sodding, landscaping and/or sprinkler installation.
You agree that any landscaping or fences must be installed and maintained in a way which does not impair proper drainage from the home.
You agree that gardens, flower beds, sheds or other obstructions must be installed and maintained in a way which does not impair proper drainage.
The discharge extension of the downspouts must remain in the down position to ensure proper drainage away from the home. We are not responsible for any damage caused by downspouts that remain in an upright or other inappropriate position.
ITEMS NOT COVERED BY THE LIMITED WARRANTY
WINDOWS & SCREENS
All windows are covered by manufacturer’s warranty. We do not warrant broken and scratched windows, nor do we warrant missing, torn, or defective screens, after the date of closing.
We do not warrant chipped or otherwise defective surfaces of appliances, plumbing fixtures, sinks, countertops, cabinets and toilets after the date of closing. We also do not warrant chipped porcelain tile or stone surfaces after date of closing. Floor coverings, such as carpet, title and other flooring materials are not included in this Limited Warranty, but are covered by manufacturer’s warranties.
We are not responsible for repairing damage and defects that are caused by You or Your agents, including attempts to repair items otherwise covered by this Limited Warranty. Any repairs by You or Your agents will void the one (1) year Limited Warranty regarding the repaired item.
ORDINARY WEAR AND TEAR
We do not warrant any damage caused by ordinary wear and tear due to day-to-day living activities.
This Limited Warranty does not cover damage caused by acts of God, weather, natural disasters, acts of war, and other circumstances beyond our control.
We are not responsible for work, alternation, changes or additions performed by You or Your agents and any damage resulting from the same. The limitation applies to the interior and exterior of the home and the grade of the property.
We do not warrant damages or defects which have been caused by abuse to or lack of maintenance of the residence.
We do not warrant cracking or separation in the grout lines of tile, brick or other similar materials.
We do not warrant normal fading, chalking or cracking of exterior paint caused by temperature, moisture, and exposure to the elements.
Each of the consumer products installed in the home is covered by manufacturer’s warranty. We will provide You with the warranties and the warranty registration requirements, for the consumer products. It is Your responsibility to complete any warranty registration forms and deliver them as directed to the manufacturer in order to activate the warranties. If a manufacturer has requirements that must be fulfilled in order to obtain warranty service, it is Your obligation to comply with those requirements. Consumer products are not considered to be part of the structural components of the home.
By signing this Homeowner’s Warranty Agreement, You acknowledge that all items related to Our Limited Warranty and manufacturer’s warranties have been discussed and reviewed with you and that you understand and accept the provision of the Homeowner’s Warranty Agreement. You accept the structure and real property “as is” as the date shown below for the home located at
The provisions of this Homeowner’s Warranty Agreement shall survive the closing and the transfer of title to You. If any part of this Homeowner’s Warranty Agreement is unenforceable or determined to be contrary to law, the remaining portions shall continue in full force and effect.
Wolter Construction Inc Buyer