Hughes Excavating LLC warrants that the improvements constructed are reasonably free of defects and within customary tolerances of the construction industry. “Customary tolerances of the construction industry” means tolerances common and expected in the construction industry and guaranteed to be performed by a skillful and professional contractor.
This warranty also covers work under customary tolerances for all subcontractors and other tradespeople under contract with Hughes Excavating LLC, including the crew of Hughes Excavating LLC.
Hughes Excavating LLC further warrants and guarantees that the work conforms to the requirements of the contract documents, drawings, plans, and specifications.
If any defects are found, Hughes Excavating LLC shall repair or replace any of the alleged defective work at its cost. The work to be corrected will be the particular part or area that is defective. Hughes Excavating LLC shall start corrective work within a reasonable time after written notice from the owner.
Hughes Excavating LLC shall have the option of repairing or replacing, at its election.
Terms. Conditions and Limitations. This Warranty, as well as the statute of limitations for any claim of damages for defective work or materials, is one year from substantial completion, defined as the earlier of: 1) the date of final acceptance by the building inspection department, or 2) the date Owner first moves into the property. If Hughes Excavating LLC performs warranty work within this period, this warranty shall be extended to the repaired or replaced work itself and be covered for one year after completion, as to that specific work
Equipment, material, and appliances. Hughes Excavating LLC hereby assigns (to the extent they are assignable) and conveys to Owner all manufacturers and suppliers’ warranties, together with operating instructions if available, on all goods, material, equipment, and appliances provided to Hughes Excavating LLC.
Hughes Excavating LLC has provided certain material, equipment, appliances, and goods that have been manufactured and or furnished by third-party vendors, supply houses, lumber yards, distributors, and manufacturers (“products”). Hughes Excavating LLC will use its best efforts so that such products are new and purchased from reputable suppliers. Hughes Excavating LLC also agrees to properly install such materials.
In the event a product is considered defective by the Owner, Hughes Excavating LLC shall use its best efforts to contact the supplier or manufacturer and receive a free replacement.
Hughes Excavating LLC shall then within a reasonable time reinstall that new product without charge.
Hughes Excavating LLC did not manufacture such products. Hughes Excavating LLC warrants it’s services and workmanship only.
Accordingly, Hughes Excavating LLC cannot warrant or guarantee these products themselves. Hughes Excavating LLC will not be liable for latent defects in any product (not observable on reasonable inspection).
Owner’s sole remedy for defective products, other than the obligation of Hughes Excavating LLC to replace the same, is against such third party vendors and their warranties, if any. This limitation still applies and a warranty is not deemed made, even if Hughes Excavating LLC has furnished owner with product brochures, literature, or samples. Nor shall Hughes Excavating LLC be liable for dangerous products, design defects in products, or defective warnings. However, Hughes Excavating LLC shall lend assistance in settling any claim resulting from defects in these products.
Events Which May Void Warranty. This warranty shall become null and void:
- Transferability. This warranty shall accrue only to the benefit of the original owner named above. It is not transferable to any other person, except with the prior written consent of Hughes Excavating LLC.
- Damage or defects caused by the failure to maintain any item or keep it in good working order.
- Damage resulting from fire, freezing, storms, electrical malfunction or surge, lightning, earthquake, pest damage, acts of God, or other unforeseen causes or accidents.
- Damage from alterations, misuse, or abuse by any person; ordinary wear and tear; or problems caused by lack of maintenance.
- Damage resulting from your failure to observe any operation instructions furnished at the time of installation.
- Any item furnished, installed, modified, altered, or repaired by you or any other person other than Hughes Excavating LLC.
- Problems which arise in an attempt to match existing materials. There are limitations inherent in the matching of existing materials such as
stucco, drywall, paint, wood, tile, flooring, concrete, and the like. Exact duplication in matching, texture, and color cannot be guaranteed. Variations within industry tolerances will be considered acceptable.