Limited Warranty Terms Years 2 thru 7

THIS SECTION PERTAINS TO COVERAGE PROVIDED TO THE HOMEOWNER DURING YEARS TWO THROUGH SEVEN OF HOME OWNERSHIP. IF YOU NEED SERVICE FOR COVERED ITEMS DURING YEARS TWO THROUGH SEVEN, PLEASE CALL 877‐434‐3657.

DEFINITIONS

In this Limited Warranty, "You", "Your", and "Yours" refers to the person(s) who own(s) the home at the location shown in the Declarations Page. "We", "Us", and "Our" refers to the Home Manufacturer or Builder.

In this Limited Warranty, “Administrator” refers to CornerStone United, Inc. In addition, certain words and phrases are defined as follows:

Anniversary Date means the calendar month and day that corresponds to the Sale Date of Home for all subsequent calendar years during the term of this Limited Warranty.

Consequential Damages means any damage to an item, other than a Covered Component, which results from a Mechanical Breakdown of a Covered Component.

Covered Component means the specific item originally supplied by the manufacturer and/or in the original retail sales agreement between You and the dealer, seller or builder of the home listed on the Declarations Page of this Limited Warranty. The Covered Component must be owned by You and must be located in or on the Residence.

Incidental Damages means expenses or other losses that occur as a result of a Mechanical Breakdown. Incidental Damages include but are not limited to: loss of use of Your Residence; loss of time, profit, inconvenience, wages, or any other personal or commercial loss; punitive or exemplary damages; and attorneys' fees.

Limited Warranty means Your warranty registration, declarations, these terms and conditions, and any amendatory endorsements.

Mechanical Breakdown or Breakdown means the operational failure of a Covered Component to the degree that:

  1. the item has stopped working completely; or
  2. the item no longer meets manufacturer's/industry requirements or specifications for its intended use; or
  3. continued use of the item is dangerous to the occupants; or
  4. the item works so unproductively that continued use is impossible or impractical.

Mold means any Mold, mycotoxin, fungi, organic pathogen, bacteria, virus or their spores, scent or byproducts of any type or nature, including wet or dry rot, mildew and others, that cause, threaten to cause, or are alleged to cause Mechanical Breakdown or damage to any Covered Component.

Pre-existing Condition means the Mechanical Breakdown of a Covered Component prior to the effective date of this Limited Warranty.

Remediation means to test for, monitor, clean up, treat, eliminate, prevent, detoxify, neutralize, contain, remove, dispose or In any way respond to or assess the effects of Mold.

Repair means to pay for the labor and parts to fix a Covered Component.

Replace or Replacement means to provide a Covered Component of like kind and quality, including installation.

Residence means the premises owned and occupied by You and described in the Declarations page. It is defined as the entire structure, any attached garage, and any area directly adjacent to the structure in which a heat pump or central air conditioner is located.

Term of Coverage means the length of this Limited Warranty. The Term of Coverage is listed on the Declarations Page. Term of Coverage begins on the Purchase Date of Home shown on the Declarations page. The expiration date for Limited Warranty is calculated by adding the Term of Coverage to the Purchase Date of Home as shown on the Declarations. This Limited Warranty is not renewable.

COVERED COMPONENTS

We will pay or reimburse You for reasonable costs necessary to Repair or Replace any Mechanical Breakdown of the Covered Components listed in the Schedule of Coverages, excluding those parts, components, maintenance services, and conditions listed under Exclusions, less any Deductible as shown on the Declarations Page, and in accordance with all the provisions of this Limited Warranty.

SCHEDULE OF COVERAGES

COVERAGE SECTION A – HOME STRUCTURE COVERAGE

HOME STRUCTURE

COVERED COMPONENTS: Steel frame, Tie-down straps and anchors; Sub-floor structure; Doors; Windows; Sliding doors; Load bearing and non-load bearing framing members; Interior walls; Exterior siding; Roof structure; and Ceiling.

EXCLUSIONS: Exterior siding and interior walls, ceilings and the roof structure are covered only for defects in material or workmanship to the extent of performing the structural function for which they are intended. Peeling, chipping, discoloration, fading or other cosmetic loss or damage to the surface material of these items is not covered. Each exterior siding and interior wall, roof structure or ceiling panel is a separate covered item. If one or more panels are defective and coverage applies, Our obligation is Repair or Replacement of only the defective item(s). Only one deductible will apply to any one loss involving more than one of the same kind of panel.

COVERAGE SECTION B – SYSTEMS COVERAGE AND APPLIANCE COVERAGE

ELECTRICAL SYSTEM

COVERED COMPONENTS: All components and parts, including ceiling fans, except those listed under Exclusions. EXCLUSIONS: Fixtures, other than ceiling fans; door bells; alarms; intercom or speaker systems; central vacuum systems; audio/video/computer wiring or cable; telephone wiring; inadequate wiring capacity; power failure or surge; garage door openers; direct current (D.C.) wiring and/or low voltage systems Including wiring and relays; and circuit overload.

PLUMBING SYSTEM

COVERED COMPONENTS: Leaks and ruptures of water, drain, gas, waste or vent lines; toilet tanks, bowls and related mechanisms; toilet wax ring seals; valves for shower, tub and diverter, angle stops, risers and gate valves; built-in bathtub whirlpool motor and pump assemblies.

EXCLUSIONS: collapse or damage to water, drain, gas, waste or vent lines caused by freezing or roots; faucets and fixtures; bathtubs and showers; shower enclosures and case pans; sinks; toilet lids and seats; caulking or grouting; septic tanks; water softeners; pressure regulators; inadequate or excessive water pressure; flow restrictions in fresh water lines caused by rust, corrosion or chemical deposits; sewage ejector pumps; holding or storage tanks; saunas or steam rooms; hose bibs; and whirlpool jets.

REFRIGERATOR

COVERED COMPONENTS: All components and parts, except those listed under Exclusions.

EXCLUSIONS: Racks; shelves; drawers; ice makers, ice crushers, beverage/water dispensers and their respective equipment;

interior thermal shells; food spoilage; freezers which are not an integral part of the refrigerator; and multi-media center.

OVEN / RANGE/ COOKTOP

COVERED COMPONENTS: All components and parts, except those listed under Exclusions.

EXCLUSIONS: Clocks (unless they affect the function of the oven); meat probe assemblies; rotisseries; racks; handles; knobs.

DISHWASHER

COVERED COMPONENTS: All components and parts, except those listed under Exclusions. EXCLUSIONS: Racks; baskets; rollers.

GARBAGE DISPOSAL

COVERED COMPONENTS: All components and parts; except those listed under Exclusions.

EXCLUSIONS: Flanges; rings; components relating to installation/mounting; failure due to jams caused by glass, bones or foreign objects other than food; failure caused by corrosion or rust.

BUILT∙IN MICROWAVE OVEN

COVERED COMPONENTS: All components and parts, except those listed under Exclusions.

EXCLUSIONS: Interior linings; door glass; shelves; portable or counter top microwave ovens; meat probe assemblies; rotisseries; and clocks.

CENTRAL AIR CONDITIONING SYSTEM

COVERED COMPONENTS: Electric wall air conditioning systems. Water evaporative cooler systems. Costs related to FREON recapture. Electric central air conditioning systems including: condenser; metering devices (i.e. thermal expansion valves); furnace transition; evaporator coils and drain lines; air handling Unit; air handling transition; secondary drain pan and lines; and refrigerant lines.

EXCLUSIONS: Gas air conditioning systems; condenser casings; registers and grills; filters' electronic air cleaners; window units; water towers; humidifiers; roof jacks or stands; evaporative cooler pads; flues; vents; chillers and chiller components. Improperly sized air conditioning units. Systems with improperly matched condensing unit and evaporative coil per manufacturer's specifications. Improper use of metering devices (i.e. thermal expansion valves).

HEATING SYSTEM OR BUILT‐IN WALL HEATING UNIT

COVERED COMPONENTS: Heating systems including: heat pump-metering devices (i.e. thermal expansion valves); furnace transition; evaporator coils and drain lines; air handling unit, air handling transition; secondary drain pan, and refrigerant lines.

EXCLUSIONS: All components and parts relating to geothermal, water source heat pumps including: outside or underground piping; components for geothermal and/or water source neat pumps, re-drilling of wells Tor geothermal and/or water source heat pumps; baseboard casings; fuel storage tanks; portable units; solar heating systems; fireplaces and key valves; filters; registers; grills; clocks; timers; heat lamps; humidifiers; flues and vents; improperly sized heating systems; chimneys; pellet stoves; cable heat (in ceiling); wood stoves (even if only source of heating); systems with improperly matched condensing unit and evaporative coil according to the manufacturer's specifications; improper use of metering devices (i.e. thermal expansion valves).

WATER HEATER

COVERED COMPONENTS: All components and parts, except those listed under Exclusions.

EXCLUSIONS: Solar water heaters; solar components; ancillary holding or storage tanks; fuel storage tank and energy conservation unit; flues and vents; thermal expansion tanks; any noise without a related mechanical failure; and instant hot water dispenser.

CLOTHES WASHER AND DRYER

COVERED COMPONENTS: All components and parts, except those listed under Exclusions.

EXCLUSIONS: Plastic mini-tubs; soap dispensers; filter screens; knobs and dials; drawers; venting; lint screens; dryer cabinet fragrance/humidity center; hangers; shelves, rods, hooks, and cabinet liner; racks; and drawers.

LIMITS OF LIABILITY

Our annual aggregate limit of liability for all claims under this Limited Warranty is limited to $10,000. Specific annual aggregate limits of liability for each Covered Component are as follows:

Electrical System     $2,000

Plumbing System    $2,000

Central Air Conditioning System    $4,000

Heating System or Built-In Wall Heating Unit    $4,000

Annual means the time between Anniversary Dates during the term of this Limited Warranty. The above limits refer to the annual aggregate cost for access, diagnosis, and Repair or Replacement of the Covered Component listed. Walls and/or flooring will be returned to a rough finish condition, and no Repair or Replacement shall include painting or refinishing of the accessed areas.

EXCLUSIONS

  1. We do not cover the following. Such loss is excluded regardless of any other direct or indirect cause or event contributing concurrently or in any sequence to the loss.
  2. Any Mechanical Breakdown that occurred prior to the effective date of this Limited Warranty.
  3. Any Covered Component that has not experienced a Mechanical Breakdown.
  4. Any Mechanical Breakdown of a non-covered part when the Breakdown is caused directly by a covered part. Breakdown of a covered part when the Breakdown is caused directly by a non-covered part.
  5. Any item that has not received proper periodic maintenance as recommended by the manufacturer or builder, or has been subject to neglect or abuse.
  6. Any Covered Component that has been Repaired, modified or altered from its original condition unless such was done or authorized by Us, the manufacturer, builder or by its authorized representative.
  7. Any Mechanical Breakdown when the responsibility for the Repair or Replacement is covered by any warranty from the manufacturer; any valid and collectible insurance policy; or any Repairer’s guarantee or warranty.
  8. Any Mechanical Breakdown if the manufacturer has announced its responsibility through any means, including public mandatory or voluntary recall and factory service bulletin.
  9. Waste or soil stoppages or backups of the plumbing, central air conditioning or heating systems. Any damage from water that backs up through sewers, drains, overflows from a sump or from below the surface of the ground.
  10. Portable heating or cooling units, window air conditioning units, portable appliances, or solar energy equipment. Antennae or satellite dishes. Hot tubs or spas.
  11. Any mechanical Breakdown or damage which results from use of the home primarily for commercial, business or professional purposes.
  12. Any Mechanical Breakdown or damage which results from aircraft, vehicles, war, riots, nuclear action, and civil commotion.
  13. Any Mechanical Breakdown resulting from an outside force, including, but not limited to: accident; collision; fire or smoke; theft; vandalism; riot; explosion; lightning; earth movement, earthquake, or volcanic eruption; freezing or frost; condensation, rust or corrosion; windstorm; hail; water damage or flood; Acts of God; salt; environmental damage; pollution; introduction of foreign objects; contamination of fluids, fuels, coolants or lubricants.
  14. Any paint, cosmetic damage or deterioration.
  15. Any damage to or Mechanical Breakdown of a Covered Component resulting from improper transportation relocation, or installation, or caused by the "setup” of the home. "Setup” means the construction of the foundation system, whether temporary or permanent, and the placement, erection and leveling of a manufactured home or manufactured home components. This may include supporting, blocking, leveling, securing, anchoring and connection of such homeor of multiple or expandable sections or components, and the installation of air conditioning and minor adjustments to the home or home components.
  16. Any Mechanical Breakdown caused by insects, vermin, birds, bats, rodents, reptiles, or domestic animals.
  17. Bodily injury liability, meaning bodily harm, sickness or disease, including required care, loss of services and death that results.
  18. Property damage liability, meaning physical injury to, destruction of, or loss of use of tangible property.
  19. Any incidental damage resulting from the Mechanical Breakdown of a covered or non-covered part(s).
  20. Any Consequential Damage resulting from the Mechanical Breakdown of a covered or non-covered part(s).
  21. Any failure or damage to a Covered Component which results from or is associated in any way with Mold or its Remediation.
  22. Equipment in common areas when the covered Residence is a condominium, co-op apartment, or multi-family Residence.
  23. Ordinance or Law, which means any ordinance or law:
  24. requiring or regulating the construction, demolition, remodeling, renovation or Repair of property, including removal of any resulting debris;
  25. the requirements of which result in a loss in value to property; or
  26. requiring any contract holder or others to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants. This exclusion applies whether or not a Mechanical Breakdown has occurred or is covered.

GENERAL PROVISIONS

SETTLEMENT METHODS

The amount We pay for the Repair or Replacement of a Covered Component is limited, at Our option, to:

  • Our cost to Repair the Mechanical Breakdown, less the deductible; or
  • Our cost to Replace the defective item, including installation, less the deductible.

Replacement parts may be new, re-manufactured or Replacement parts of like and quality that meet the manufacturer's specifications and are provided by non-original equipment manufacturers.

DEDUCTIBLE

We will pay only that part of the total of all loss payable that exceeds the deductible amount shown in the Declarations. If a Mechanical Breakdown takes more than one service call to Repair or Replace, only one deductible will apply for that Breakdown. If more than one Mechanical Breakdown is Repaired or Replaced in the same Covered Component during the same service call, only one deductible will apply.

AUTOMATIC REINSTATEMENT

Upon completion of the Repair or Replacement of a Covered Component, coverage for that item is automatically reinstated for the balance of the Term of Coverage and subject to the Limits of Liability.

RELOCATION

If You move Your home, You may continue this Limited Warranty for the remainder of the Term of Coverage If:

  • You have professional home movers move Your home; and
  • You tell Us in writing the location where You have moved; and
  • You permit Us to inspect Your home, if We request it. You are responsible for the cost of this inspection.

CHANGES

If any provision of this Limited Warranty is in conflict with or in violation of any applicable governmental regulations at the time Your Limited Warranty is written, it is automatically changed to conform to such regulations. This Limited Warranty may only be modified or changed if We and You agree to such change in writing. Such writing must be signed by You and Us. No other person has authority to change this Limited Warranty.

TRANSFER

Your Limited Warranty may be transferred to someone to whom You sell or otherwise transfer Your Residence while this Limited Warranty is still in force. This Limited Warranty can be transferred in a private sale directly to the new owner. If Your Home is sold or traded to a dealership, leasing agency, brokerage, or any other entity or individual in the business of selling homes, benefits under this Limited Warranty will not apply until the Home is resold to another individual and this Limited Warranty is transferred to the new owner.

How To Transfer Your Limited Warranty: To transfer this Limited Warranty, the following must be submitted to Us:

  • name and mailing address of existing owner, and original purchase date of home;
  • name and mailing address of the new owner, and date of sale to new owner, and
  • a transfer fee of fifty dollars ($50.00).

INSPECTION

We reserve the right to inspect Your home.

OUR RIGHT TO RECOVER PAYMENT

If You have a right to recover payment against another party for anything We have paid under this Limited Warranty, Your rights shall become Our rights. You shall do whatever is necessary to enable Us to enforce these rights. We shall recover only the excess after You are fully compensated for Your loss.

CONTRACT HOLDERS RESPONSIBILITIES - MAINTENANCE REQUIREMENTS

You must maintain Your Residence in accordance with the builders' or manufacturers' recommendations. Failure to follow the maintenance and service recommendations may result in the denial of coverage under this Limited Warranty. You must retain verifiable receipts for maintenance and service work. Or, if You perform Your own maintenance and service work, You must retain verifiable receipts for purchases of all required parts and materials necessary to perform the required maintenance and service, and show the dates when the services were performed.

REPRESENTATION

YOU ACKNOWLEDGE THAT WE HAVE NOT MADE ANY REPRESENTATIONS EITHER EXPRESS OR IMPLIED AS TO THE MERCHANTABILITY OR FITNESS OF YOUR HOME AND THAT THERE ARE NO COVERAGES THAT EXTEND BEYOND THE DESCRIPTION ON THE DECLARATIONS OF THIS CONTRACT. TERMS AND CONDITIONS OF YOUR HOME LIMITED WARRANTY ARE CLEARLY STATED AND WE ASSUME NO OBLIGATION BEYOND THAT.

 

HOW TO FILE A CLAIM DURING YEARS 2 THROUGH 7 OF YOUR LIMITED WARRANTY

  1. All claims for Mechanical Breakdown must be reported to Us within 72 hours after You discover such Mechanical Breakdowns. When You need service, call Us at Our toll-free number 1-877-434-3657, discontinue using the system or appliance and protect it from further damage. If, after You call, service is not initiated by Us within 72 hours, or immediately for furnace or heating system malfunctions during periods of cold weather, You may engage Your own service person and We will pay the reasonable and customary charge for the Repair or Replacement of the Covered Component(s). DO NOT EFFECT ANY REPAIRS OR REPLACEMENT WITHOUT PRIOR AUTHORIZATION FROM US. WE RESERVE THE RIGHT TO INSPECT YOUR HOME RELATIVE TO ANY CLAIM REPORTED TO US.
  2. If You prefer, You may write to Administrator at: CornerStone United, Inc., 1020 Main Avenue, NW, Hickory, NC 28601
  3. Tell Us what Covered Component is involved and give Us Your contract number. Describe the Repair needed and when You discovered the problem. We may require a statement in writing.
  4. Once We have received Your notice, We will assign a separate claim reference number to each of Your claims. You should keep a record of this reference number to facilitate future contacts with Us.
  5. Save the item. DO NOT THROW IT AWAY. We may want to inspect the item. Do not Replace or attempt to make Repairs to Covered Components. We have the sole option to determine whether a Mechanical Breakdown will be corrected by either Repair or Replacement. YOU ARE SOLELY RESPONSIBLE FOR ARRANGING FOR ANY REPAIR OR REPLACEMENT AUTHORIZED BY US.

6. Once the authorized Repair or Replacement has been completed, We will reimburse You or an authorized Repair facility for the reasonable and necessary costs of making such Repair or Replacement, including parts, labor, and sales tax, payable by You for each Mechanical Breakdown of a component.

7. Reimbursements for authorized Repairs or Replacements, less the deductible, will be made as follows:

  1. The reimbursement payment will be made directly to the authorized Repair facility, or
  2. You may pay the authorized Repair facility directly and submit the original invoices, with proof of payment, to Us for reimbursement. You will receive Your reimbursement payment within thirty (30) days after We receive the original documentation supporting Your claim.

8. In lieu of a reimbursement payment to You, or an authorized Repair facility, We, at Our sole discretion, may offer to adjust Your claim by means of a lump sum cash payment to You. If You should accept such claim adjustment, We shall not have any further liability to reimburse You for this or future Mechanical Breakdowns of that item.

9. You will be required to cooperate with Us in Our effort to investigate a need for claim service. If You fail to cooperate, We have the right to deny Your request for service.

10. Once Your request for service has been completed, You may be asked to acknowledge this by signing a certificate of satisfaction. In the event We Repair or Replace any item, We may at Our option take the defective part or item, or may leave such item with You. You shall not have the option of abandoning such part or item to Us.

INFORMAL DISPUTE RESOLUTION PROGRAM:

Manufacturer participates in the Right at Home Informal Dispute Resolution Program, which is administered by the Council of Better Business Bureaus, 4200 Wilson Boulevard, Suite 800, Arlington, VA 22203.

You must file a claim under the Program before exercising rights or seeking remedies created by Title I of the Magnuson-Moss Warranty Act.

For information about the Program, or to file a claim, call the Council of Better Business Bureaus at 1-877-944-4100.

Further information about the Program can be found in the Right at Home Informal Dispute Resolution Agreement. Manufacturer reserves the right to discontinue participation in this Program at any time.