CONDOMINIUM INFORATION STATEMENT EXHIBIT H WARRANTY INFORMATION THE 3321 ROSEDALE CONDOMINIUMS Information.doc Page 1 of 5 THE 3321 ROSEDALE CONDOMINIUMS YOUR LIMITED ONE-YEAR WARRANTY This is the Limited One-Year Warranty available to purchasers of condominium units in The 3321 Rosedale Condominiums by Cleveland Partners, L. P., a Texas limited partnership (the "Seller"). To obtain the Limited Warranty, you (the “Buyer”) must sign this Limited Warranty in connection with the contract or closing of your purchase of the unit.
1. Unit Warranty. Seller warrants certain components of your unit against defects in the original material and workmanship for 1 full year from the date of the closing of the purchase by you of the unit from the Seller, subject to the terms and provisions of this Limited Warranty.
2. Common Element Warranty. As to the common elements of The 3321 Rosedale Condominiums, this Limited Warranty applies to lefects in material or workmanship that arise within 1 year from the date of recording the first unit deed in the development. The warranty period in this paragraph applies to all common elements, including roofs and foundations.
3. Seller's Response. Seller will repair or replace, at its option, and at no charge to you, any component of the unit which is found to be defective. Seller will start performance of its obligations under this Limited Warranty not later than 30 days after its actual receipt of your notice, and will complete performance as soon as reasonably possible. The choice of repair or replacement and of who performs the work is solely within Seller's discretion. You must allow
eipt of your notice, and will complete performance as soon as reasonably possible. The choice of repair or replacement and of who performs the work is solely within Seller's discretion. You must allow access to your unit for repairs on customary days and during customary hours for such work -typically business days.
4. WARRANTIES DISCLAIMER. Except for the express 'warranties granted by this Limited Warranty, Seller HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AS TO THE UNIT AND THE CONDOMINIUM PROJECT TO THE MAXIMUM EXTENT ALLOWED BY LAW, INCLUDING IMPLIED WARRANTIES ARISING FROM CUSTOM, USAGE, COURSE OF TRADE, STATUTORY OR CASE LAW, COMMON LAW, OR OTHERWISE, AND FURTHER INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS.
5. COVERED COMPONENTS. This Limited Warranty covers the following components of the property, whether the component is part of a unit or a common element: (1) Roofs. The roof, roof flashing, gutters and downspouts (if any) are guaranteed during the warranty period to be free from leaks of defects. This Limited Warranty is void if (a) you use the roof for any activity, (b) you attach any structure or appurtenance (such as an antenna) to the roof, or (c) you do any act that affects the structural, or functional integrity f the roof.
(2) Concrete. During the warranty period, Seller warrants the concrete components of the property as follows: (a) the integrity of the foundations; (b) leakage or seepage through walls or floors; (c) cracks in concrete, masonry walls, or masonry veneer that exceed one-quarter inch in width; (d) improper drainage of water from patios and balconies; and (e) pitting, scaling, or spalling of concrete work. Minor cracks in concrete, including foundations, sidewalks,
one-quarter inch in width; (d) improper drainage of water from patios and balconies; and (e) pitting, scaling, or spalling of concrete work. Minor cracks in concrete, including foundations, sidewalks, driveways, garage floor, and patio slabs, are inevitable as a result of the natural movement of soil Information.doc Page 2 of 5 (expansion and contraction), shrinkage during the curing of the concrete, and settling of the building. Seller does not warrant concrete against such minor cracking.
(3) Plumbing, Mechanical, Electrical. During the warranty period, Seller warrants against the following: (a) defective plumbing fixtures or trim fittings; (b) duct work that separates or becomes unattached; and (c) malfunctions of electrical conductors, switches, fixtures, circuit breakers, service entrances, or outlets.
(4) Walls, Doors, Windows. During the warranty period, Seller warrants against the following: (a) leaks in exterior wall surfaces and openings due to inadequate caulking; (b) warping of more than one-half inch in interior windows; (c) warping of exterior doors to the extent they are inoperable; (d) malfunction of windows with respect to operability, excessive air infiltration or moisture penetration into insulated air space; (e) loss of adhesion of tile; (f) malfunctions in the operating parts of cabinet doors and drawers; and (g) sheetrock defects such as blisters in tape and cracked corner bead.
(5) Appliances. With respect to all appliances and other products that may be deemed "consumer goods" or "consumer products," the scope of this warranty is limited as follows. Seller does
corner bead.
(5) Appliances. With respect to all appliances and other products that may be deemed "consumer goods" or "consumer products," the scope of this warranty is limited as follows. Seller does warrant proper installation of any appliance that is installed and furnished by Seller as part of your unit. Seller does not warrant the appliance itself. Warranties on appliances are limited to the express and implied warranties provided by the respective manufacturers of such products. If you encounter a defect or malfunction in any appliance that is considered a "consumer product" under the Magnuson-Moss Warranty t (15 U.S.C. § you must follow the procedures contained in any warranty that passes to you for that item.
6. EXCLUSIONS. To the extent permitted by law, the following conditions are expressly excluded from this Limited Warranty: (1) Defects caused by misuse, accidents, negligent maintenance by owner, no wear and tear, casualties due to the elements, acts of God, riots, insurrection, war, catastrophe, acts of public enemy, mold, mildew, vermin infestation, or other cause beyond the reasonable control of Seller.
(2) Normal seasonal and other periodic maintenance.
(3) Structural damage caused by soil movement or subsurface conditions.
(4) Defects covered by manufacturers' or other warranties.
(5) Consumer products and goods, such as refrigerator, stove, range, oven hood, microwave, ice maker, disposal, trash compactor, water heater, air conditioner, heat pump, exhaust fan, thermostat, smoke detector, fire alarm, door bell, intercom, water softener, ceiling fan, and utility meter.
(6) Water pressure.
(7) Hairline cracks in masonry or stucco, if not excessively numerous; discoloration, non-
etector, fire alarm, door bell, intercom, water softener, ceiling fan, and utility meter.
(6) Water pressure.
(7) Hairline cracks in masonry or stucco, if not excessively numerous; discoloration, nonuniformity of, or appearance of brick, tile, marble, or wood; variation in color or appearance of marble/granite (if any); minor cracks and/or nail pops in sheetrock due to normal shrinkage of lumber and/or normal settlement; minor shrinkage of wood in doors, joists, studding, framing and rafters.
(8) The following items, unless noted on the Original Punchlist: broken glass; spots on carpeting; minor carpet fading due to variety of exposure to light and slight dye lot variance; defective Information.doc Page 3 of 5 carpet seams; surface defects in flooring materials and carpet; cracked, chipped, scratched ceramic tile; mirror defects, except latent silvering failure; squeaks in floors.
(9) Any incidental, consequential, or secondary damages and/or losses of any kind that arise from any defect warranted by this Limited Warranty, including but not limited to personal injury or damage to personal property, loss of use, or inconvenience.
(10) Any labor and/or material furnished by you, or at your request, express or implied. Also, any warrantable condition adversely affected by any addition, alteration, remodeling, and/or repair performed by you or under your supervision.
(11) Any landscaping in the condominium development, including without limitation shrubs, plants, grass, and trees, including existing natural trees.
(12) Direct or indirect consequences of changes in the grading and/or drainage established by
elopment, including without limitation shrubs, plants, grass, and trees, including existing natural trees.
(12) Direct or indirect consequences of changes in the grading and/or drainage established by Seller for The 3321 Rosedale Condominiums, unless the change was made by Seller.
7. “AS IS” CONDITION. Other than the warranties contained in this Limited Warranty, the warranty of title in the deed, and Seller's agreement to complete items on the Original Punchlist, the unit is sold "as is" and in the condition it is in at closing with all faults.
8. Resale. This Limited Warranty is transferable upon resale of the unit during the warranty period, and will continue in effect for the balance of the warranty period, provided the you notify Seller in writing of the transfer not later than 14 days after transfer of title.
9. Defect. A defect is normally regarded as any condition that materially affects the functionality of a feature, product, or component of the unit. Defects in materials and workmanship will be those recognized under generally accepted standards of the homebuilding industry in Dallas, Texas, for properties of similar style and value.
10.A. Inspection. (This Section applies only if signed at closing.) By executing this Limited Warranty, you certify that you have inspected the unit and are thoroughly familiar with its condition. You further acknowledge that you have given Seller a list of all apparent and visible surface defects which are present at the time of your pre-closing inspection (the "Original Punchlist"). If the Original Punchlist has not been completed as of the date of your closing, you will cooperate with Seller in selecting a mutually acceptable date for the inspection and
he "Original Punchlist"). If the Original Punchlist has not been completed as of the date of your closing, you will cooperate with Seller in selecting a mutually acceptable date for the inspection and preparation of the Original Punchlist within 30 days after the date of your closing.
10.B. Inspection. (This Section applies only if signed with contract.) By executing this Limited Warranty, you agree that prior to your closing you will inspect the unit and be thoroughly familiar with its condition. You further agree that you will give Seller a list of all apparent and visible surface defects which are present at the time of your pre-closing inspection (the "Original Punchlist"). If the Original Punchlist has not been completed as of the date of your closing, you will cooperate with Seller in selecting a mutually acceptable date for the inspection and preparation of the Original Punchlist within 30 days after the date of your closing.
11. ENVIRONMENTAL DISCLAIMER. Seller makes no warranties, express or implied, about present or future environmental or geological conditions at The 3321 Rosedale Condominiums, in the unit, or in relation to the property, including but not limited to pollution of air, water, or soil from any source; the existence of radon gas; and exposure to electric and magnetic fields. Seller disclaims all liability for any type of damage -- whether direct, indirect, or Information.doc Page 4 of 5 C consequential which The 3321 Rosedale Condominiums or the unit or its inhabitants may suffer because of any present or future environmental or geological conditions.
anty Information.doc Page 4 of 5 C consequential which The 3321 Rosedale Condominiums or the unit or its inhabitants may suffer because of any present or future environmental or geological conditions.
12. Notice. To exercise this Limited Warranty, you must give Seller written notice of any covered defect not later than 30 days after your discovery of the defect or expiration of the 1year period, whichever occurs first. Your notice must be sent to the Seller's address shown on the purchase agreement, or to such address as Seller may designate from time to time in writing to you. Your notice must specify the nature of the defect. You must allow Seller reasonable access to your unit to inspect the defect. Any claim for breach of warranty that is not made in writing and is not timely received by Seller will be deemed waived. In case of emergency, or if delay will cause substantial additional damage, you may report defects or malfunctions by any method that ensures actual receipt by Seller, including, telephone, fax, and e-mail communications.
13. Severability. Seller intends for this Limited Warranty to be compatible with applicable public laws and regulations, and pertinent court decisions. If any provision of this Limited Warranty is subsequently determined to be inconsistent with public laws and regulations or court decisions, it will be amended to conform, and the remaining terms and conditions of this Limited Warranty will continue in effect.
TO BE SIGNED IN CONNECTION WITH UNIT CONTRACT OR CLOSING UNIT DESCRIPTION BUYER 1 BUYER 2 Date Signed: Date Signed: Information.doc Page 5 of 5