The Westin Warranty

This Agreement made this __ day of ___, ___, by and between WESTIN HOMES
(BUILDER) and __________________________________________________________________ (PURCHASER) of
__________________________________________________________________ (HOME/PROPERTY ADDRESS).
WHEREAS, Builder has caused to build for sale to Purchaser or under contract with Purchaser a home situated on land located in the County of Jackson, State of Mississippi, at the above property address; and
WHEREAS, Builder does hereby agree to give a limited warranty on the home located at the above property address for a period of one (1) year following closing or occupancy by the Purchaser, whichever event shall first occur, upon the following condition,
NOW, THEREFORE, in consideration of the payment of the purchase price of the home, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and the premises and agreements hereinafter set forth, the parties hereby agree as follows:
1. Not later than sixty (60) days after closing or occupancy, whichever event shall first occur, the Purchaser shall deliver a written list of any minor omissions or malfunctions, not previously made known, in writing to Builder. To the extent that such items are a normal Builder responsibility or not otherwise excluded hereunder, corrections and adjustments will be made by Builder.
2. Builder warrants the home to be free from latent defects for a period of one (1) years following closing or occupancy, whichever event shall first occur. A latent defect in construction is herein defined as a defect not apparent at time of occupancy or closing, but which becomes apparent within one (1) year from date of closing or occupancy, whichever event shall first occur, and such defect has been directly caused by Builder’s failure to construct in accordance with the standards of construction prevailing in the geographical area of the home. It is stressed, however, that normal characteristic behavior of building materials, wear and tear, general maintenance, and like items, will not constitute a latent defect.
PROCEDURE: Should it appear that a possible latent defect (non-emergency nature) has developed, Purchaser shall outline pertinent details in writing, and deliver same to Builder. Following receipt of such notice, Builder will make an inspection. If a latent defect exists, Builder will (at Builder’s sole option) either (1) repair, (2) replace, or (3) pay to Purchaser the reasonable cost of such repair or replacement due to such latent defect(s); however, Builder shall not be obligated to spend more than the purchase price of the home.
3. Builder shall not be liable under this Agreement unless written notice of the latent defect(s) shall have been given by Purchaser to Builder within
the one (1) year warranty period. Steps taken by Builder to correct any defects shall not act to extend the warranty period described hereunder.
4. Purchaser waives all rights to file any legal action hereunder until the expiration of six (6) months after the end of the one (1) year warranty period.
5. Builder hereby assigns to Purchaser all Builder’s rights, if any, under manufacturers’ warranties on appliances and items of equipment included in the home. Builder assumes no responsibility for such manufacturers’ warranties and Purchaser should follow the procedures in these warranties if defects appear in such appliances and items of equipment.
6. Builder does not assume responsibility for any of the following, all of which are expressly excluded from coverage under this Limited Warranty:
(a) Defects in appliances and pieces of equipment which are covered by manufacturers’ warranties.
(b) Incidental, consequential, or secondary damages caused by a breach of this warranty.
(c) Defects which are the result of characteristics common to the materials used, such as (but not limited to) warping and deflection of wood; fading chalking and cracking of paint due to sunlight; cracks due to drying and curing of concrete, stucco, plaster, bricks, and masonry; drying, shrinking and cracking of caulking and weather-stripping.
(d) Conditions resulting from condensation on, or expansion or contraction of materials.
(e) Defective design or materials supplied by Purchaser or installed under purchaser’s direction, or defects in, or caused by anything not built into, or installed in the home pursuant to contract between Builder and Purchaser.
(f) Damages due to ordinary wear and tear, abusive use, or lack of proper maintenance of the home.
(g) Loss, damage or injury due to the elements.
(h) Landscaping or any portion thereof is hereby expressly excluded from this warranty, including sodding, seeding, shrubs, trees and plantings, after 60 days.
(i) Insect damage of any nature whatsoever.
(j) Non-uniformity of appearance of used or simulated used brick.
(k) Chips, scratches, nicks, dents, tears, cracks or mars in tile, grout, vinyl, woodwork, marble, walls, tubs, brick, concrete, mortar, plumbing fixtures, light fixtures, countertops and glass, not expressly identified to Builder prior to closing.
(l) Dripping faucets and toilet adjustments after the initial sixty (60) day warranty period described herein.
(m) Utility service lines installed by developer, municipality or service company and back-filling or slumping thereof.
(n) Defects in concrete driveways, patios, or walkways, such as cracks, chipping, or flaking are not covered.
7. This warranty is extended only to the Purchaser named herein. It is not transferable to subsequent purchasers of the home.
8. Any work, subcontractor or materials used or provided by Purchaser during construction, unless expressly approved by Builder in writing, shall VOID this warranty in its entirety. No warranty, written, expressed or implied shall be in force or provided by Builder.
9. Purchaser is required to use only the subcontractors listed on the SUBCONTRACTOR LIST for any emergency or routine work performed during the ONE YEAR BUILDER WARRANTY. (SUBCONTRACTOR LIST to be provided at closing.) Any violation of this requirement will VOID the ONE YEAR BUILDER WARRANTY in its entirety. No warranty, written, expressed or implied shall be in force or provided by Builder.
10. Should any term of this Agreement be deemed by a court of competent jurisdiction to be unenforceable, such determination shall not affect the enforceability of the remaining provisions.
11. Use of one gender shall include all other genders; use of the singular shall include the plural; use of the plural shall include the singular; all as may be appropriate.
12. This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
BUILDER: WESTIN HOMES L.L.C. PURCHASER:
BY: ___________________________________ BY: _________________________________________

Westin Homes, Revised October25, 2005. BY: ________________________________________________