This Limited Warranty Agreement (this "Warranty") is extended by ________________________ Habitat for Humanity, a ______ nonprofit corporation having an address at _____________________________________________ ("Habitat") to ___________________ (the "Buyer"), who [is/are] the original Buyer(s) of the property at the following address (the "Property"):
________________________________
________________________________
________________________________
________________________________

This limited warranty excludes consequential damages, limits the duration of implied warranties, and provides for liquidated damages.

1. What is Covered by the Warranty

The builder warrants that all construction related to the house substantially conforms with the plans and specifications and change orders for this job. The builder warrants that during the first 30 days after the Buyer moves in, the builder will adjust or correct minor defects, omissions, or malfunctions, such as missing equipment or hardware, sticking doors, drawers, and windows, dripping faucets, and other minor malfunctions reported by the Buyer upon inspection of the property.

Within one year from the date of closing or occupancy by the Buyer, whichever is first, the builder will repair or replace, at the builder's option, any latent defects in material or workmanship by the standards of construction relevant in (city, state). A latent defect is defined as one that was not (apparent/ascertainable) at the time of occupancy. The Buyer agrees to accept a reasonable match in any repair or replacement in the event the original item is no longer available.

2. What is Not Covered

This limited warranty does not cover:

A. Damage resulting from fires, floods, storms, electrical malfunctions, accidents, nor acts of God;

B. Damage from alterations, misuse or abuse of the covered items by any person;

C. Damage resulting from the Buyer's failure to observe any operating instructions furnished by the builder at the time of installation;

D. Damage resulting from a malfunction of equipment or lines of the telephone, gas, power, or water companies;

E. Any items listed as "Nonwarrantable Conditions" on the list that is attached as Exhibit A, incorporated into this contract; the Buyer acknowledges receipt of the list of "Nonwarrantable Conditions"

______/_______; (Buyer's initials)

F. Any item furnished or installed by the Buyer; nor

G. Any appliance, piece of equipment, or other item that is a consumer product for the purposes of the Magnuson-Moss Warranty Act, 15 U.S.C. 2301 et seq., installed or included in the Buyer's property. The only warranties of items listed below are those that the manufacturer provides to the Buyer.

Roofing Brick, Siding
Plumbing Fixtures Water Heater
Heating Equipment Refrigerator
Cooling Equipment Microwave
Kitchen Appliances Ovens, Stove
Windows, Doors Garbage Disposal
Light Fixtures Floor Coverings

(1)The builder has made any such warranties available to the Buyer for the Buyer's inspection and the Buyer acknowledges receipt of copies of any warranties requested.

_____/_______ (Buyer's initials)

(2) Habitat hereby assigns (to the extent that they are assignable) and conveys to the Buyer all warranties provided to Habitat on any manufactured items that have been installed or included in the Buyer's property. The Buyer accepts this assignment and acknowledges that the builder's only responsibility relating to such items is to lend assistance to the Buyer in settling any claim resulting from the installation of these products.

______/______ ______/______
(Buyer's initials) (initials of Habitat's
signing officer)

3. Remedies and Limitations

A. The Buyer understands that the sole remedies this limited warranty agreement are repair and replacement as set forth here.

______/______
(Buyer's initials)

B. With respect to any claim whatsoever asserted by the Buyer against the builder, the Buyer understands that the Buyer will have no right to recover or request compensation for, and the builder shall not be liable for any:

(1) Incidental, consequential, secondary, or punitive damages;
(2) Damages for aggravation, mental anguish, emotional distress, or pain and suffering; nor
(3) Attorney's fees or costs.

______/______
(Buyer's initials)

C. The builder hereby limits the duration of all implied warranties, including the implied warranties of fitness of purpose, habitability, and workmanlike construction to one year from the date of sale or the date of occupancy, whichever comes first.

D. These limitations shall be enforceable to the extent permitted by law. Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of implied warranties, so the limitations or exclusions listed above may not apply.

D. Notwithstanding the provisions of this limited warranty agreement, if any liability arises on the part of the builder, the builder will pay the amount of actual provable damages arising from such liability, but the amount shall not exceed $______. This amount, fixed as liquidated damages and not as a penalty shall be the builder's complete and exclusive amount of liability. The provisions of this paragraph apply if loss or damage results directly or indirectly to persons or property from the performance or failure to perform obligations imposed by the construction contract, or from negligence, active or otherwise, of Habitat, the Habitat's agents, or employees.

The Buyer (a) understands that this provision limits the damages for which the builder will be liable and (b) acknowledges acceptance of this liquidated damages provision in consideration for the limited warranties provided by the builder and the other provisions of the construction contract. The Buyer, therefore, agrees to this liquidated damages clause if, notwithstanding the provisions arise on the part of the builder.

______/______
(Buyer's initials)

E. This warranty is personal to the original Buyer and does not run with the property or the items contained in the house. The original Buyer may not assign, transfer, or convey this warranty without the prior written consent of Habitat.

4. How to Obtain Service

If a problem develops during the warranty period, the Buyer should notify Habitat in writing at the address given above of the specific problem and what may need to be done about it. The written statement of the problem should include the Buyer's name, address, telephone number, and a description of the nature of the problem. Habitat will begin performing the obligations under this warranty within a reasonable time of the builder's receipt of such a request and will diligently pursue these obligations.

Repair work will be done during builder's normal working hours. The Buyer agrees to provide the Habitat or Habitat's representative access to the house and the presence, during the work, of a responsible adult with the authority to approve repair and sign a call-back ticket upon completion of the repair.

5. Specific Legal Rights

This Warranty gives the Buyer specific legal rights, and the Buyer may also have other rights that vary from state to state.

6. Where to Get Further Help

If the Buyer wishes further help or information concerning this Warranty, the Buyer should contact Habitat.

7. The Only Warranty Given by the Builder

The Buyer acknowledges (a) that the Buyer has thoroughly examined the property to be conveyed, (b) that the Buyer relies solely on the Buyer's judgment in signing this limited warranty, and (c) that Habitat has made no guarantees, warranties, understandings, nor representations (nor have any been made by any representatives of Habitat) that are not set forth in this document.

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I/We acknowledge having read, understood, and received a copy of this Warranty.

Buyer: Builder:
_________________ Habitat for Humanity

_________________________ ___________________________________
Print Name__________________________
Title________________________________

Buyer

_________________________

Date:_____________________ Date:_______________________________