New Home Warranty CincinnatiOhio
Table of Contents
Appliances Basement & Garage Care Brick & Stucco Carpeting Caulking Ceramic Tile Floors, Wood Floors & Resilient Floors Condensation Doors Electrical Fixtures & Work Final Inspection Foundations Garage Doors Gas Fireplaces Heating & Air Conditioning (HVAC) Landscaping Lumber & Drywall Painting Plumbing Pre-Settlement Inspection Roofs, Gutters & Downspouts Siding (Aluminum, Wood of Vinyl) Walks, Driveways, Porches & Steps Warranty Claims Warranty Disclaimers Waterproofing Windows 5 7 5 5 6 12 6 6 6 4 7 15 12 8 8 9 10 11 3 13 13 14 18 16 15 15
Before Requesting Service Check thermostat to ensure all switches are in correct mode Check filter and replace if necessary Check breaker to furnace Check furnace wall switch(light switch) Check gas shut-off on line to furnace to see if turned on (parallel with gas line) Check fuse on inside of unit Check with Gas Company for service outage How to Request Service All service requests must be submitted in writing by: E-Mail: [email protected]
Fax: 513-860-0787 Mail: 4710 -T Interstate Drive, Cincinnati, Ohio 45246 Website: www.maronda.com Information on current warranty request can be obtained Monday ~ Friday during the hours of 8am to 1 pm by calling 513-860-2300 x14. Emergency Service Issues that are a safety hazard or could cause property Damage. Examples include: water that cannot be stopped, sewer backup within 30 days, no heat under 50 degrees, no electric, sparks from switch or outlets, or gas leak. Business Hours: Monday-Friday from 8am to 5pm please call 513-860-2300 x14. After Hours: Evenings, weekends & holiday please call 513-267-8192.
*Please note that unless a problem is a safety hazard or could cause property damage, it is not an emergency. Only emergency requests will be serviced during non-business hours. If you call after hours for non-emergency service, you may be charged overtime labor for the service call.
MARONDA HOMEOWNERS’ SERVICE POLICY HANDBOOK
Maronda Homes, Inc. of Ohio, an Ohio corporation (“Maronda”) provides express limited warranties to all homeowners purchasing a lot within any subdivision (“Lot”), and a newly constructed house built thereon (“House”), from Maronda as contained in and described in this " Maronda Homeowners’ Service Policy Handbook" (“Limited Warranty”). The Lot and the House hereafter jointly may be referred to as the “Property.” All warranties set forth in this Limited Warranty will be for the sole benefit of the actual titleholder(s) of the Property who purchased the Property from Maronda (individually, “Owner” and collectively, “Owners”). Any non-owner occupiers or non-owner spouses that may reside in a House have no rights, title or interest in this Limited Warranty and Maronda owes no obligation(s) to such non-owners. In addition, this Limited Warranty has no third party beneficiaries whatsoever, and does not extend to or benefit any of Owner’s successors, heirs, assigns or future purchasers of the Property from the Owner. Except as expressly provided herein, no representative of Maronda is authorized to make any other warranties or representations to an Owner with respect to any Lot or House. Please read carefully all manufacturer’s operating instructions, warranties, and other papers as provided related to the care, maintenance and operation of the House and certain systems, equipment and materials therein. If necessary, an Owner should mail any return postcards or documents to record the applicable manufacturer’s warranties. This Limited Warranty is contingent upon an Owner properly maintaining the House and Lot including, without limitation, all improvements, mechanisms, equipment and systems located on or about the Property, and if Owner fails to so properly maintain the Property, this Limited Warranty will become null and void. This Limited Warranty will not warrant any mechanical items, equipment, systems or other products located in or on the House and/or Lot as all manufacturer’s warranties on such items will be supplied to Owner at the time the House and Lot are so conveyed, transferred or otherwise assigned to the Owner at the time the Property is purchased by Owner and title to said Property is conveyed from Maronda to the Owner (“Closing”). Questions regarding such warranties should be directed to the responsible manufacturer or supplier. Those questions or complaints that cannot be satisfactorily answered by contacting such manufacturers or suppliers should be referred to Maronda’s warranty department. Maronda urges all Owners to read these pages carefully and to review them from time to time, as they may help Owners in protecting their investments. PRE-SETTLEMENT INSPECTION: All Owners will be asked to meet with a Maronda representative prior to Closing. The purpose of this meeting is to familiarize the Owner with the operation of all equipment within the House and to make a pre-settlement inspection of the Property (“Pre-Settlement Inspection”).
An Owner will follow such Maronda representative carefully through each room of the House and point out all items, if any, that the Owner believes need to be repaired and/or replaced. A list of such items which the Maronda representative agrees need to be repaired and/or replaced will be set forth in writing on a report signed by the Owner and the Maronda representative (“PreSettlement Inspection Report”). Maronda will then repair or arrange to have repaired any or all of the items listed on the Pre-Settlement Inspection Report. All Owners will inspect kitchen cabinets, plumbing fixtures, windows, resilient flooring, appliances, lighting fixtures, and vinyl siding very carefully for scratches or chips, as these items cannot be replaced after the Pre-Settlement Inspection. Maronda also asks that Owners pay close attention to all of the representative’s instructions, particularly on how to care for the furnace, air conditioning equipment and water heater located within the House. FINAL INSPECTION: Subsequent to the Closing, a Maronda representative will also conduct a final inspection with an Owner within approximately six (6) months after the Closing (“Final Inspection”). Again, the Owner will follow such Maronda representative carefully through each room of the House and point out all items, if any, that the Owner believes need to be repaired and/or replaced. A list of such items which the Maronda representative agrees need to be repaired and/or replaced will be set forth in writing on a report signed by the Owner and the Maronda supervisor (“Final Inspection Report”). Maronda will then repair or arrange to have repaired any or all of the items listed on the Final Inspection Report. Notwithstanding the foregoing, Maronda will not be responsible for any delays or damages incurred on or about the Property due to Owner’s failure to timely schedule such Final Inspection with Maronda. WARRANTIES: The following pages of this Limited Warranty set forth all of Maronda’s express warranties with respect to all Lots and Houses constructed by Maronda, and sets forth a non-exhaustive list of Owners’ maintenance responsibilities and Maronda’s suggestions regarding the proper care and maintenance of a House and Lot:
1. APPLIANCES It is important that an Owner carefully inspect all appliances within a House for surface defects during the Pre-Settlement Inspection. MARONDA SERVICE POLICY - Maronda will repair and/or replace any appliances with surface defects only if such surface defects are listed on the Pre-Settlement Inspection Report and any applicable repairs or replacements will be made at the time Maronda completes such Pre-Settlement Inspection Report items. After such time, Maronda will not be responsible for any such surface defects. In addition, Owners should refer to any applicable manufacturer’s manuals/warranties for operating instructions and warranty service. 2. BRICK AND STUCCO Brick: Maronda may use brick that has been recycled by the demolition of another structure in constructing a House. The previous use, location, demolition, shipment, etc. may subject used bricks to various stresses that may contribute to cracking, flaking, or deterioration of some bricks over time. In addition, after several years, face brick may require "pointing". Maronda, however, will not be responsible for “re-pointing” face brick. MARONDA SERVICE POLICY – Small hairline cracks due to shrinkage are common in mortar joints and require no action. Maronda will “point-up” cracks in the mortar joints that exceed one-eighth (1/8) inch as listed on the Final Inspection Report at the time Maronda completes such Final Inspection Report items. Maronda will not be responsible for color variation between new and old mortar. Stucco: Weather conditions such as strong winds and change in temperature and other factors may cause stucco to chip, crack or otherwise deteriorate over time. MARONDA SERVICE POLICY – After the date of Closing, Maronda will not be responsible for repairing any cracking, chipping or other deterioration that may occur in such stucco due to lack of proper maintenance, weather conditions and/or change in temperatures. 3. CARPETING Carpet maintenance should be tailored in accordance with the specific fiber used in the carpet installed within a House. There may be frequent traffic on the carpet as Maronda finalizes the construction of a House. Regular furnace filter changing is crucial to minimizing particulates in the air and dirt in carpet. Extra cleaning attention may be needed with light colored carpets since they are most likely to show any perimeter soiling that will occur naturally. If an Owner is sensitive about perimeter soiling, Maronda recommends that such Owner select carpet colors of light brown or darker. Generally, carpet care includes vacuuming and prompt attention to spills. If an Owner requests that carpet be lifted at a seam, such Owner should be aware that the seam may be more pronounced after re-seaming (due to glue build up). An Owner should expect that a seam will be more visible if the carpet is lifted or opened.
MARONDA SERVICE POLICY - Maronda will repair any carpet seams that show visible gap(s) within one (1) year after the date of Closing. During such one-year period, Maronda will re-stretch or re-secure carpet, as necessary, within a House. In addition, Maronda will repair any floor that squeaks beneath the carpet, one (1) time only, within the one (1) year after the date of Closing. 4. CAULKING Time and weather tends to shrink and/or dry out caulking so that it no longer provides a good seal against moisture. Therefore, as a matter of routine maintenance, an Owner should repair caulking that appears dried out or cracked within a House. MARONDA SERVICE POLICY -Maronda will make any repairs to the caulking as listed on the Final Inspection Report at the time Maronda completes such Final Inspection Report items. After such time, an Owner will be responsible for any caulking repairs. 5. CONDENSATION Condensation often causes Owners to believe moisture is seeping through basement walls, that pipes are leaking, or that water is coming through windows. "Condensation" is a "reduction to a denser form (as from steam to water)." Condensation may take place when warm, moist air comes in contact with colder surfaces, such as windows, basement walls, and exposed pipes. Due to the many gallons of water that go into materials used in building a new House, and the initial ground settlement, condensation may be at its peak during the first year. An average family will put many gallons of water a week into a house due to laundry, bathing, showers, cooking and dishwashing. Maronda strongly recommends that the following steps be taken by Owners to keep condensation at a minimum: 1. 2. 3. 4. 5. Laundry room windows should be opened while washing and drying clothes. Bathroom windows should be opened after bathing if there is no exhaust fan to use. Provide vents for clothes dryers and other such equipment. Storm windows may be purchased so that icing, fog, or moisture on the windows is greatly reduced. In Houses containing excessive humidity, it is possible that an Owner may need to use a dehumidifier, especially in basement areas.
MARONDA SERVICE POLICY – Maronda is not responsible for any moisture within a House caused by condensation. 6. DOORS Temperature changes may affect the moisture content of the wood, causing temporary warping. Interior doors and louvered bi-folds may stick or warp due to various weather conditions. Maronda suggests that an Owner apply wax to the tracks of the bi-fold doors to avoid sticking. MARONDA SERVICE POLICY - Maronda will adjust or repair sticking and warped doors as listed on the Final Inspection Report at the time Maronda completes such Final Inspection Report items. After such time, the Owner will be responsible for all such repairs. 7. ELECTRICAL FIXTURES AND WORK
Lights and Electrical Fixtures – Some lighting and electrical fixtures may be warranted by their manufacturers. Read carefully the manufacturer’s operating instructions, warranties, and other papers provided. If necessary, an Owner should mail any return postcards or documents to record the applicable manufacturer’s warranties. MARONDA SERVICE POLICY – Maronda will repair or replace lights and electrical fixtures as listed on the Final Inspection Report at the time Maronda completes such Final Inspection Report items. After such time, the Owner will be responsible for all such repairs. Electrical Work - If an outlet or circuit within a House does not operate, an Owner should first check all circuit breakers. Electrical wiring and appliances within a House are protected by circuit breakers located in the main panel box, which eliminate the problem of replacing fuses to reset a tripped breaker. An Owner should simply follow instructions that are normally found on the panel. Larger appliances or too many small appliances may cause tripping of the circuit. In addition, an Owner should ensure that all attic insulation is kept away from flue vents, lighting fixtures, and circuit boxes. MARONDA SERVICE POLICY – The panel box, circuit breaker, and all switches and outlets within a House are warranted for one (1) year after the date of Closing. After such time, an Owner will be responsible for all such repairs. 8. BASEMENT AND GARAGE CARE Concrete contracts and expands due to changing temperatures which may cause minor low spots and/or cracks in the basement floor and/or garage slab or floor of a House. In addition, basement and garage floors and/or walls may occasionally collect water as a result of condensation of warm, moist air on cold concrete. Owners should use caution in making any improvements (such as a concrete patio) that use reinforcement rods to tie into the foundation block of a House. Breaking the foundation block or basement poured wall to seat the reinforcement rods may break the waterproofing bond of a basement floor. MARONDA SERVICE POLICY – Within one (1) year after the date of Closing, Maronda will repair cracks in a basement floor of a House that are greater than one-fourth inch (1/4”) wide using a caulking material that is suitable for concrete to repair such cracks. Should it be necessary for Maronda to repair any basement walls or floors, Maronda will not be responsible for the repair or replacement of treatments such as painting, paneling, carpeting, tile, etc. 9. FOUNDATIONS Cracks may occur due to the fact that the base of the wall, being in the ground, maintains a fairly constant temperature, whereas the portion of the wall extending above grade is subject to extreme temperature changes. Such changes cause concrete and other masonry to contract and expand. This, in turn, may cause minor cracks. Also, the soil in which the foundation rests may settle slightly and create stresses, thus causing minor cracks to appear. (Note: some Maronda home foundations may be poured concrete, while other may be concrete block.) To repair small cracks, an Owner may fill them with a heavy paste made by mixing dry cement base paint with a little water and force the paste into the crack with a stiff bristle brush or putty knife. To match the existing wall finish, a colored paint for the paste may be used. In lieu of cement base paint, an Owner may use a mixture of cement and fine sand (one part cement, two parts sand capable of passing through a 100-mesh screen) mixed with sufficient water to form a
heavy paste. For fine or hailing cracks, work cement base paint into the crack with a short, stiff bristle brush. MARONDA SERVICE POLICY – Within one (1) year after the date of Closing, Maronda will repair cracks in basement walls or foundations that are greater than one-eighth inch (1/8”) in width. After such time, the Owner will be responsible for all such repairs. Should it be necessary for Maronda to make any such foundation repairs, Maronda will not be responsible for the repair or replacement of any wall or floor treatments such as painting, paneling, carpeting, tile, etc. 10. HEATING AND AIR CONDITIONING (HVAC) Furnaces and air conditioners are warranted by their manufacturers. Read carefully the manufacturer’s operating instructions, warranties, and other papers provided. If necessary, an Owner should mail any return postcards or documents to record the applicable manufacturer’s warranties. In the event of a system failure, please check the following items: 1. If the furnace is equipped with a switch, make sure that it is in the ON position; 2. If a House is equipped with a gas furnace, check the pilot light; 3. Check the circuit breakers. If a breaker is tripped off, reset it to the ON position; and 4. Gas furnaces have a safety switch at the door area where the furnace filter is found. The door must be reset properly or the furnace will not operate. HVAC systems consist of a heating and/or cooling unit, a fan and air filter, thermostat, ductwork, and registers. It is important that the filter be cleaned once a month or changed as recommended by the manufacturer. For efficient operation, the thermostat should be set at a comfortable level and left there. Set the fan switch to the ON or AUTO position. Changing the thermostat setting or turning the system on and off causes it to do more work in bringing the temperature to the comfort level again. Setting heating controls to high do not make a furnace heat faster. The same principle applies to air conditioning. The registers are another means of regulating airflow temperature in individual rooms throughout a House. There are two kinds of registers: air outlet and air intact (return) registers. Adjusting the outlet registers is a way to regulate the overall temperature of a House. A House will have one or more return registers. It is good practice to periodically vacuum outlet and intake registers to keep them free of lint and dust accumulations, which decreases the efficiency of the system. Both outlet and return registers should be kept unobstructed by furniture and other objects. Additionally, airflow can be regulated by adjusting the dampers in the ductwork. With gas heating equipment, Maronda suggests that the pilot burn during the summer months, since the extremely small amount of heat generated will tend to keep the furnace dry in an attempt to limited or avoid corrosion. If an outdoor compressor unit is part of a cooling system, hose it off periodically to keep it free from obstructions that would prevent the flow of air to and from the unit. MARONDA SERVICE POLICY – Owners should refer to manufacturer’s manual/warranty for operating instructions and warranty service. The HVAC system is guaranteed by Maronda for a period of one (1) year after the date of Closing. However, should other HVAC equipment be added to the system by the Owner or if another contractor other than a Maronda contractor performs service on HVAC equipment during this one-year period, then this warranty will become null and void. In addition, if a Maronda contractor is called to service a furnace for lighting or a new fuse or for replacement of a furnace filter, an Owner may have to pay a service charge.
11. LANDSCAPING Lawn – Lawns, in most cases, are starter lawns and an Owner should continually water, fertilize, and reseed in order to insure positive growth. In addition, new grass should not grow too long before cutting. Grass can be cut short in cool weather, but in hot summer months, growth should be cut to only 1-1/2 inch or 2 inch minimum. Topsoil – Any and all topsoil on any Lot prior to Closing belongs to Maronda and may be used by Maronda as Maronda so desires. Maronda may remove topsoil from any Lot, unless otherwise agreed upon by an Owner and Maronda in writing, prior to Closing. Owner understands that any additional topsoil or fill dirt delivered to a Lot by Maronda will be delivered curbside, and that Owner will then be responsible for the use, placement and distribution of such topsoil or fill dirt. MARONDA SERVICE POLICY - Maronda will not be responsible for adverse weather conditions occurring after a lawn has been initially planted by Maronda or after the date of Closing (whichever comes later). In case of serious washouts by storms or excessively heavy rains, Maronda may furnish, one (1) time only and within one (1) year after the date of Closing, additional topsoil and seed, but no labor, to an Owner so that such Owner may repair any damage to his or her lawn. Since starter lawns are necessarily applied over newly graded lands, sunken spots may occur on a lawn. Maronda may supply, one (1) time only and within one (1) year after the date of Closing, additional topsoil and seed, but no labor, so that an Owner may repair any sunken spots on his or her lawn. Shrubbery and New Trees - Weather, soil, climate and other local conditions greatly affect newly planted shrubbery and trees. Owners are responsible for all watering, fertilization and maintenance of any and all shrubbery, trees, plants and any other landscaping products that may be planted by Maronda. MARONDA SERVICE POLICY – After the date of Closing, Maronda offers no guaranty or warranty with respect to any new shrubbery, trees, plants or other landscaping products that may be planted by Maronda. Grading – It is essential for an Owner to maintain the established grades and to keep the swales of their yard open so that they will serve their purpose. If water is allowed to stand in a yard, especially near the House, it may force its way through waterproofing and masonry walls into a basement. MARONDA SERVICE POLICY – As provided in Section 21 (Waterproofing) of this Limited Warranty, Maronda, within one (1) year after the date of Closing, will take all reasonable action to prevent a wet basement within a House. However, any changes to the grade of a yard or any other improper maintenance or neglect to maintain the grade, the yard or the swales by an Owner will cause such one-year warranty to become null and void. Trees – Prior to Closing, Maronda reserves the right to remove or leave any existing trees on a Lot, as Maronda’s sole and absolute discretion. Dirt should not be built up around trees. Any change from a natural grade can result in a loss of the tree. If fill is needed on a Lot and is graded around trees, an Owner should remove any such fill from the base of the trees as soon as possible. Owners are responsible for all watering, fertilizing, and maintenance of any and all trees. MARONDA SERVICE POLICY – After the date of Closing, Maronda offers no guaranty or warranty with respect to any trees existing on a Lot. 12. LUMBER AND DRYWALL
Wood, like other building materials, is affected by heat or cold, and may contract or expand with weather changes. Wood may shrink under extreme dryness or swell under extreme humidity. The areas within a House that may be affected by wood contraction/expansion include ceiling moldings, doors, baseboards, resilient floors, oak floors and ceramic tile. Such changes are usually more pronounced on the outside walls of a House (as opposed to inside walls), causing shrinkage to be uneven. This often results in slight cracks around doorway arches and windows, as well as nail pops around baseboards and wallboards. Although it is impossible to completely alleviate the problems caused by contracting and expanding wood, maintaining a House at a temperature of 68 degrees is a good precautionary measure. Basement stairs are normally constructed of rough grade construction lumber. Drying of this lumber may cause minor cracks. Minor cracks or splits may also occur in floor molding, door, and window trim due to settlement, drying or contraction. Any necessary repair due to such cracks or splits in lumber are the responsibility of the Owner. MARONDA SERVICE POLICY – If necessary, Maronda will repair and/or replace nail pops or drywall cracks within a House, one (1) time only, and within one (1) year after the date of Closing. In such case, Maronda will not be responsible for the repair or replacement of any paint, wallpaper or other wall covering within a House. 13. PAINTING Exterior Painting - All exterior wood components of a House, including barge moldings, fascia, overhangs, porch ceilings and posts, doors and entrance frames, and garage doors (including the trim), are painted or stained. It is important that an Owner re-paint or re-seal exposed exterior wood surfaces periodically, as needed, to preserve the House from the elements. MARONDA SERVICE POLICY – During the Pre-Settlement Inspection, an Owner should carefully inspect the exterior painting and Maronda will touch-up and complete such exterior paint items as noted on the Pre-Settlement Inspection Report at the time that Maronda completes such Pre-Settlement Inspection Report items, weather permitting. Subsequent to Closing, Maronda warrants all exterior painting for one (1) year after the date of Closing only against peeling, chipping, blistering and/or bleeding. Thereafter, Owner will be responsible for all exterior painting. Interior Painting - All drywall walls and ceilings (unless the ceiling is stippled) are first coated with sealer paint. Some paints are more washable than others. An Owner is advised against attempting to wash any large areas of the walls immediately after occupancy. Although most paints are advertised as being washable, Maronda suggests that Owners wait several months before subjecting walls to hard washing. Maronda does not guarantee that an Owner will have complete satisfaction if such Owner washes the walls of a House. Upon request, Maronda will provide an Owner with a small amount of touch-up paint at the time of the Pre-Settlement Inspection to assist such Owner in any necessary touch-up. MARONDA SERVICE POLICY –During the Pre-Settlement Inspection, an Owner should carefully inspect the interior painting and Maronda will touch-up such interior paint items as noted on the Pre-Settlement Inspection Report at the time that Maronda completes such Pre-Settlement Inspection Report items. After such time, Owner will be responsible for all interior painting, whether touch-up painting or otherwise. Wood Caulking - Maronda uses wood caulking in areas of a House where woodwork meets a wall surface. In time, wood trim may shrink causing the joints and caulked areas to crack or separate. It is an Owner's responsibility to make any necessary repairs related to wood caulking.
MARONDA SERVICE POLICY –During the Pre-Settlement Inspection, an Owner should carefully inspect the wood caulking and Maronda will touch-up such wood caulking items as noted on the Pre-Settlement Inspection Report at the time that Maronda completes such Pre-Settlement Inspection Report items. After such time, Owner will be responsible for all wood caulking, whether touch-up or otherwise. 14. PLUMBING Water Heater: All Houses are equipped with either a gas or electric water heater. Water heaters are warranted by their manufacturers. Read carefully the manufacturer’s operating instructions, warranties, and other papers provided. If necessary, an Owner should mail any return postcards or documents to record the applicable manufacturer’s warranties. For the Owner’s protection, a water heater is installed with a pressure relief valve. When the relief valve is operating, it may appear that the tank is leaking, while it actually may be releasing excess pressure. When this happens, an Owner should place a bucket under the relief line and check the thermostat on the water heater. Water heaters normally collect small quantities of dirty water and scale in the main gas line, which may put out the pilot light. A water heater should be drained (a bucket full of water is sufficient) of accumulated scale every three (3) months which helps reduce heating bills, heat water faster, and minimize noise in the system. MARONDA SERVICE POLICY – Maronda only guarantees that the plumbing connections to the water heater will not leak within one (1) year after the date of Closing. In addition, Owners should refer to any applicable manufacturer’s manuals/warranties for operating instructions and warranty service. Rough-Ins: If an Owner purchases rough-in drains for future lower level plumbing improvements, some concrete will need to be removed in order to determine the final drain location and create proper fixture seating within the House. MARONDA SERVICE POLICY – Maronda is NOT responsible for adjusting rough-in locations after the date of Closing. Water lines: Regulators are installed to reduce pressure in areas of the House where pressure is abnormally high. It is very important that an Owner does NOT adjust any such pressure regulator. Any applicable warranties hereunder may become null and void if Owner so adjust any such pressure regulators. Exterior water lines can freeze and burst in the winter. As such, Owners should turn off the supply to and drain exterior water lines in the fall. Any applicable warranties hereunder may become null and void if Owner fails to so turn off the supply to and drain exterior water lines in preparation of winter. MARONDA SERVICE POLICY - The plumbing system within a House is guaranteed for one (1) year after the date of Closing only with respect to leaks and proper functioning. This does not include washer wearing, which causes dripping leaks in faucets (Care should be taken to close the faucets just hard enough to shut off the flow of water, but if closed too forcefully, washers may be cut). Faucets and Plumbing Fixtures: Some faucets and plumbing fixtures may be warranted by their manufacturers. Read carefully the manufacturer’s operating instructions, warranties, and other
papers provided. If necessary, an Owner should mail any return postcards or documents to record the applicable manufacturer’s warranties. MARONDA SERVICE POLICY - Maronda will repair and/or replace any faucets or plumbing fixtures with surface defects only if such surface defects are listed on the PreSettlement Inspection Report and any applicable repairs or replacements will be made at the time Maronda completes such Pre-Settlement Inspection Report items. After such time, Maronda will not be responsible for any such surface defects. Sanitary Sewer Lines: Owners should avoid disposing heavy tissue, sanitary napkins, and other such materials into plumbing fixtures, in order to minimize the possibility of clogging. MARONDA SERVICE POLICY – Maronda will repair any clogged sanitary sewer lines within thirty (30) days after the date of Closing. Notwithstanding, if a Maronda contractor is called to service any such clogged sanitary sewer line and the cause of the clogged sanitary sewer line is determined to be the disposal of heavy tissue, sanitary napkins, and other such materials being disposed of into plumbing fixtures, an Owner may have to pay a service charge. Beyond such thirty-day period, Maronda will not be responsible for repairing any sanitary sewer lines. 15. GAS FIREPLACES Direct Vent gas heaters are a supplemental zone heater and are not intended to be a primary heating appliance.. During manufacturing, fabricating and shipping, various components of a gas fireplace are treated with certain oils, films or bonding agents. These chemicals may produce annoying smoke and smells as they are burned off during initial operation, possibly causing headaches or eye or lung irritation. Gas fireplaces may be warranted by their manufacturers. Read carefully the manufacturer’s operating instructions, warranties, and other papers provided. If necessary, an Owner should mail any return postcards or documents to record the applicable manufacturer’s warranties. MARONDA SERVICE POLICY – Maronda only guarantees that the gas connections to the fireplace will not leak within one (1) year after the date of Closing. 16. CERAMIC TILE FLOORS, WOOD FLOORS AND RESILIENT FLOORS Maronda’s flooring materials include vinyl, linoleum, hardwood and ceramic tile floor coverings. A House may be equipped with such resilient flooring, hardwood flooring or ceramic tile floors in the kitchen, entry, breakfast nook, laundry room and bathrooms. The following are some of the typical problems that occasionally occur: Raised Nail Heads: Movement of the floor joints due to shrinkage and deflection causes raised nail heads. MARONDA SERVICE POLICY –Within one (1) year after the date of Closing, Maronda will repair nail pops that have broken the surface of a resilient floor and will repair and/or replace, one (1) time only, such resilient floor in the affected area with similar material. Seam Lifting: Seam lifting may be caused by water seeping into the mastic through the seam and usually occurs in a bathroom near the bathtub. A special grout may be used or applied by an Owner at the bathtub and floor joint. Precautionary measures should be taken to avoid getting water on the floor from baths and showers.
MARONDA SERVICE POLICY – Within one (1) year after the date of Closing, Maronda, and one (1) time only, will re-cement a seam that has lifted. Separation of Floor Tiles: The separation of floor tiles may occur. This is most likely to occur near heat registers or at the outside walls of a room. Also, expansion and contraction of underlayment and the tiles themselves cause separation. MARONDA SERVICE POLICY – Maronda will reinstall any loose tiles one (1) time only, as so noted on the Final Inspection Report at the time Maronda completes such Final Inspection Report items. After such time, an Owner will be responsible for the repair and/or replacement of floor tiles. If an Owner elects to have Maronda replace any floor tiles as shown on a Final Inspection Report or otherwise, Owner understands that Maronda is not responsible for any discrepancies based on the fact that such replaced tile(s) may not exactly match other tiles when installed. Ridging of Underlayment: Maronda sands and fills underlayment joints in order to minimize ridges showing through. Depressions and/or Ridges: Depressions and/or ridges may appear in the resilient flooring due to slight sub-floor irregularities. MARONDA SERVICE POLICY – Within one (1) year after the date of Closing, Maronda will repair depressions and/or ridges in resilient flooring only if such defect represents a structural problem rather than a cosmetic problem. In addition, if resilient flooring lifts, bubbles or becomes unglued, Maronda will repair and/or replace the affected area within one (1) year after the date of Closing. If Maronda so replaces and/or repairs any resilient flooring, Maronda is not responsible for any discrepancies based on the fact that such replacement or repaired flooring may not exactly match the other flooring. Further, Maronda is not responsible for discontinued patterns or color variation in the resilient flooring when repairs are made. Finally, Maronda is not responsible for repairing indentations and/or markings in resilient floors caused by Owner’s activities including, without limitation, furniture, appliances and high-heeled shoes. 17. ROOFS, GUTTERS AND DOWNSPOUTS Roof shingles may be warranted by their manufacturers. Read carefully the manufacturer’s operating instructions, warranties, and other papers provided. If necessary, an Owner should mail any return postcards or documents to record the applicable manufacturer’s warranties. Also, roof shingles may be lifted by strong winds or other conditions. Special care should be taken to avoid damaging a roof (surface or flashings) when installing television or radio antennas. In addition, gutters and downspouts should be kept clear of tree limbs, leaves, balls, ice build up, and other obstructions that will stop the downspout from functioning properly. MARONDA SERVICE POLICY – Under normal weather conditions, Maronda will repair and/or replace roofing shingles that leak or are damaged by wind within one (1) year after the date of Closing. However, Maronda will not be responsible for repairing and/or replacing roofing shingles that leak or are damaged in cases of severe weather conditions such as ice build up, high winds, abnormal storms, tornadoes, etc., or the Owner’s own negligence. Maronda will only repair gutter leaks as so noted on the Final Inspection Report at the time that Maronda completes such Final Inspection Report items. After such time, Owner will be responsible for any and all gutter repair and/or replacement. 18. SIDING, (ALUMINUM, WOOD OR VINYL)
Aluminum Or Vinyl Siding: All siding manufacturers have their own recommended ways of caring for their siding. An Owner should contact a Maronda Service Manager if such Owner needs the name and address of a siding manufacturer. It is normal for siding to expand and contract with temperature changes, often resulting in "creaking" noises. Wood Siding and Wood Trim: An exterior, solid body stain may have been used to finish any wood siding or wood trim on a House. Any finish will begin to show its age after exposure to the sun and weather. The weathering process gradually erodes the finish, with the life of the finish depending upon the House location and severity of exposure. The timely re-staining and recaulking of all wood siding or wood trim is recommended. In order to maintain the desired color, an Owner will have to re-stain the wood siding or wood trim from time to time. MARONDA SERVICE POLICY - Maronda will repair and/or replace siding (wood, vinyl, aluminum or otherwise) as so noted on the Pre-Settlement Inspection Report at the time that Maronda completes such Pre-Settlement Inspection items. Maronda is not responsible for repairing and/or replacing any siding (wood, vinyl, aluminum or otherwise) after the Pre-Settlement Inspection. After such time, the Owner will be responsible for all such repairs. 19. WALKS, DRIVEWAYS, PORCHES, STEPS Concrete: There are inherent problems associated with the concrete such as cracking, break-up and other deterioration. It is impossible for Maronda to prevent such cracking, break-up and other deterioration in concrete walks, driveways, porches, steps, etc. Severe frost, unequal sub grade settlement, sewers, water ditches, and aggravation from use of salt and other "de-icing" chemicals for melting ice and snow are often cause and accelerate such pitting, scaling, cracking, break-up and other deterioration of concrete. Changing temperatures may also cause porch posts to become loose and patios and walks to lift, even though Maronda may have installed piers and rods for support. MARONDA SERVICE POLICY – Maronda will shim and re-nail the trim along the bottom of any loose porch posts as noted on the Final Inspection Report at the time that Maronda so completes such Final Inspection Report items. After such time, the Owner will be responsible for all such repairs. After the date of Closing, Maronda will not be responsible for repairing any cracking, breaking-up or other deterioration that may occur in any concrete walks, driveways, porches, or steps of a House. There are surface treatments available which an Owner should apply to help protect the exterior concrete from the occurrence of such conditions. Asphalt Driveways: If a House is built with an asphalt driveway, a slag base and binder and a finish coat of asphalt will be installed prior to the date of Closing, weather conditions permitting. It is important that no one drives or parks heavy vehicles on an asphalt driveway for at least thirty (30) days or until such time that the driveway has cured. Maronda is not responsible for any areas of asphalt that are damaged by the Owner’s activities, including without limitation, gasoline, oil, or as a result of holes or gouges caused by sharp objects such as outdoor furniture legs and bicycle kickstands, or by vehicles parked over long periods of time. Automobile power steering can also cause holes or gouges in a driveway if a car is steered while standing still in hot weather. Maronda suggests that Owners apply a driveway sealer to help improve durability and appearance. An Owner should wash off spots of oil, gasoline or similar substance from asphalt with sudsy water and rinse. Where sewer and grating appear in driveways, the Owner is responsible for keeping lines clear. If a utility company or
someone other than Maronda digs a ditch across a Lot or driveway in order to put in a utility line, Maronda will not be responsible for repairing such damage. MARONDA SERVICE POLICY –If necessary, Maronda will patch/fill any sunken spots of an asphalt driveway that are two inches (2”) deep or more, however one (1) time only and only within one (1) year after the date of Closing. Under no circumstance will Maronda be responsible for resurfacing any portion of the driveway, other than as necessarily determined by Maronda, to so repair the sunken spots. 21. WATERPROOFING Owners should avoid planting shrubbery or plants closer than three (3) feet from the foundation of a House and should not water shrubbery or plants towards the foundation so as to avoid water from running towards a House. Soil should be packed and banked so that water will drain away from a House. MARONDA SERVICE POLICY – Within one (1) year after the date of Closing, Maronda will take all reasonable action to prevent a wet basement within a House upon the report of the same from an Owner. A “wet basement” is defined to be water running on the floor (not so caused by the Owner); a “wet basement” does not include moisture caused by condensation or rains or lawn sprinklers hitting the above-grade foundation. Maronda will not be responsible for repair or replacement of any treatment to the basement walls such as painting, paneling or tile, nor will Maronda be responsible for any damage to personal items within a House. Within such one-year period, Maronda, one (1) time only, may supply an Owner with necessary fill dirt and/or soil for any sunken areas on the Lot that occur from settling. Maronda will deliver such necessary fill dirt and/or soil to a House; however, Maronda will NOT supply any labor for the placement and disbursement of such fill dirt and/or soil on the Lot. 22. WINDOWS Windows may collect moisture on the surface, which an Owner should occasionally wipe off. Some windows may be warranted by their manufacturers. Read carefully the manufacturer’s operating instructions, warranties, and other papers provided. If necessary, an Owner should mail any return postcards or documents to record the applicable manufacturer’s warranties MARONDA SERVICE POLICY – Maronda will replace any broken or cracked glass, or replace any damaged aluminum or vinyl of any windows within a House as so noted on the Pre-Settlement Inspection Report at the time that Maronda completes such Pre-Settlement Inspection items. After such time, the Owner will be responsible for all such repairs. 23. GARAGE DOORS Garage doors are large moving objects and therefore periodic maintenance. Operate the garage door only when properly adjusted and free of obstructions. Garage doors may be under extreme spring tension, and as a result, repairs and adjustments (especially to cables and spring assembly) can be hazardous and should be performed by qualified persons. MARONDA SERVICE POLICY – Maronda will repair or otherwise adjust garage doors as necessary for proper functioning within one (1) year after the date of Closing. Notwithstanding, if Owner installs or causes to be installed an electric garage door opener, then Maronda will have no responsibilities or obligations to repair or otherwise adjust any such garage door.
LIMITED WARRANTY DISCLAIMER:
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER GUARANTEES AND WARRANTIES, EXPRESSED OR IMPLIED. MARONDA MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND TO THE OWNER WITH RESPECT TO THE LOT, THE HOUSE OR ANY ELEMENT OR COMPONENT THEREOF, EITHER EXPRESS OR IMPLIED. MARONDA DISCLAIMS AND OWNER WAIVES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF GOOD WORKMANSHIP, HABITABILITY, MERCHANTABILITY, AND FITNESS OF PURPOSE, AND INCLUDING ANY WARRANTIES THAT COULD BE CONSTRUED TO COVER THE PRESENCE OF MOLD, RADON OR OTHER ENVIRONMENTAL POLLUTANTS. THE ONLY WARRANTIES MARONDA PROVIDES TO OWNER ARE CONTAINED IN THE LIMITED WARRANTY. THE FOREGOING EXPRESSED WARRANTIES ARE ACCEPTED BY OWNER IN LIEU OF ALL OTHER WARRANTIES EXPRESSED AND IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF WORKMANLIKE CONSTRUCTION, AND ALL OTHER DUTIES IMPOSED BY LAW TO COMPLETE CONSTRUCTION IN A WORKMANLIKE MANNER. IN ADDITION, OWNER WAIVES ANY AND ALL NEGLIGENCE, EX CONTRACTU AND TORT CLAIMS AND ANY AND ALL CLAIMS RELATED TO BREACH OF IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION, NEGLIGENCE CLAIMS, PERSONAL OR BODILY INJURY CLAIMS OR EMOTIONAL DISTRESS CLAIMS. RADON DISCLAIMER: Radon is a naturally occurring, colorless and odorless gas that is caused by the natural decay of radioactive radium and uranium. In the decay process, these two elements produce radon gas. The gas may migrate through the soil and diffuse from the ground and be released into the atmosphere. Since radium is contained in the earth's crust and dissolves readily in water, radon can be found virtually everywhere. Studies suggest that prolonged indoor exposure to high levels of radon gas may result in adverse health consequences. Because of the multitude of factors involved, it is difficult to predict whether a residence may be subject to high radon levels, unless tests to determine the actual concentrations are conducted on a completed structure. The United States Environment Protection Agency (EPA) and the Department of Energy have conducted extensive investigations regarding this matter. The EPA has issued 'A Citizens Guide to Radon", a copy of which can be obtained through the EPA. This guide explains among other things what the owner of a home should do upon receiving the results of a radon test. Maronda does not claim or possess any special expertise in the measurement or reduction of radon, nor does Maronda provide any advice to Owners as to acceptable levels or possible health hazards of the gas. The EPA has issued a technical guidance manual for new home construction. Since no known construction technique is foolproof, Maronda assumes no responsibility for the reduction of radon gas levels in the House. If Maronda makes available to an Owner any optional construction packages, Maronda cannot be certain of and does not warrant the effectiveness of any optional package. Maronda makes no representation or warranty as to the presence or lack of radon or other hazardous environmental condition, or as to the effect of radon or any such condition on the House or residents. MOLD DISCLAIMER: Mold is a naturally occurring micro-organism commonly existing in the indoor and outdoor air. Mold spores may enter a home through open doorways, windows, heating, ventilation and air conditioning systems, air infiltration, by attaching to a person’s skin, clothing or other belongings, or by attaching to fur of a pet. To grow, mold needs a food source such as paper, wood, dirt or other organic material; a source of moisture; and a suitable temperature, generally in the range of 40 degrees to 100 degrees Fahrenheit. Since there is no practical way to eliminate all mold and mold spores inside a home, the best way to control indoor mold growth is to control
moisture. Regular cleaning and adequate air circulation and ventilation also may help keep mold from growing. To the best of Maronda’s understanding, there are no governmental established standards for permissible indoor levels of mold. It has been reported that mold exposure may cause health problems, particularly persons with immune system problems, allergies or lung disease, young children, pregnant women and elderly persons. Maronda has no expertise in the detection, identification, remediation or possible health consequences of mold. Maronda makes no representations of any kind that the House is constructed or warranted to be free from mold at the time of Closing or at anytime thereafter. As a homeowner, an Owner is responsible for periodically inspecting the House for plumbing leaks, visible evidence of excessive moisture or mold growth and performing routine maintenance on the House in order to keep the House in good repair and condition. An Owner should contact Maronda immediately if it appears abnormal amounts of moisture are accumulating in the House, if a water leak is discovered or mold is found.
WARRANTY CLAIMS: Notification to Maronda: As part of this Limited Warranty, Maronda reserves the right to inspect any concerns or issues that the Owner believes exists regarding the House or Lot and to determine the appropriate course of action. Accordingly, to the extent that the Owner believes there is an issue or concern regarding the House or Lot, the Owner must promptly notify Maronda in writing of the nature of the claim and provide Maronda with a reasonable opportunity to inspect and determine the appropriate course of action. Failure to provide notice and opportunity to Maronda of the claim or concern will waive all rights and claims an Owner has or might have against Maronda under this Limited Warranty, including, without limitation, all claims for all damages, losses, expenses and any and all costs of repair or alteration. In addition, if an Owner denies Maronda access to the Property or refuses or prohibits Maronda from being able to perform any repairs or warranty obligations, and such interference continues for more than fifteen (15) continuous days, Maronda will be relieved of any and all liability and obligations under this Limited Warranty and this Limited Warranty will become null and void. In such case, Owner will be deemed to have waived any and all claims and rights against Maronda, including without limitation, all claims, damages, losses, expenses and any and all costs of repair or alteration. In the event of an emergency situation in which there is no time to notify Maronda of the concern without risk of injury to a person or property, the Owner may take a course of action to remedy the emergency situation. However, the Owner must then promptly notify Maronda of the concern and provide Maronda with the opportunity to inspect and determine the appropriate course of action. OHIO LAW CONTAINS IMPORTANT REQUIREMENTS THAT OWNER MUST FOLLOW BEFORE OWNER MAY FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS FOR DEFECTIVE CONSTRUCTION AGAINST MARONDA. AT LEAST SIXTY (60) DAYS BEFORE FILING SUCH A LAWSUIT OR COMMENCING ARBITRATION PROCEEDINGS, AN OWNER MUST PROVIDE MARONDA WITH A WRITTEN NOTICE OF THE CONDITIONS SUCH OWNER ALLEGES ARE DEFECTIVE. UNDER CHAPTER 1312 OF THE OHIO REVISED CODE, MARONDA HAS AN OPPORTUNITY TO OFFER TO REPAIR OR PAY FOR THE DEFECTS. OWNER IS NOT OBLIGATED TO ACCEPT ANY OFFER MARONDA MAKES. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT OWNER’S ABILITY TO FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS. Certificate of Occupancy/Building Standards: A Certificate of Occupancy for a House issued by the building department in the applicable jurisdiction where the House is located is conclusive proof that Maronda has fully complied with the building code applicable to the House in such applicable jurisdiction as of the date of Closing. The standard that applies to any work performed by Maronda pursuant to this Limited Warranty for the Property is the Building Industry Association of Central Ohio standard in effect on the date of Closing. Mandatory Binding Arbitration: Any and all claims or disputes between Owner and Maronda, or parties acting on Maronda's behalf, arising out of or relating, directly or indirectly, to this Limited Warranty, the Lot or the House or construction thereof, whether in tort or in contract, relating in anyway to the development, design, construction, workmanship, building techniques and related elements (if any), or the marketing, financing, sale or conveyance of title will be exclusively resolved by binding arbitration held in either Franklin County, Ohio or in the county where the Property is located. Binding arbitration will be the sole and exclusive remedy for
resolving any and all disputes between Owner and Maronda. The arbitration will be conducted by American Arbitration Association according to the real estate industry arbitration rules or such other reputable alternative dispute arbitration service as mutually agreed upon by Owner and Maronda at the time the request for arbitration is submitted. The rules and procedures of the designated arbitration organization that are in effect at the time the request for arbitration is submitted, will be followed. The award of the arbitrator will be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party will bear its own attorneys’ fees and costs (including expert costs) for the arbitration. The arbitration filing fee and any other fees of the arbitration service, including but not limited to the arbitrators' fees will be divided and paid equally as between Owner and Maronda. Notwithstanding the foregoing, if the amount in controversy is within the jurisdictional limit of the small claims court, to reduce expenses Owner and Maronda have the option to prosecute the dispute through small claims court in lieu of arbitration. Governing Law; Jury Waiver: The laws of the State of Ohio will govern the construction and interpretation of this Limited Warranty, and in the event of litigation regarding the performance or enforcement of this Limited Warranty, such litigation will take place in the applicable courts located either in Franklin County, Ohio or in the county where the Property is located. FURTHER, OWNER WAIVES THE RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION REGARDING THE PERFORMANCE OR ENFORCEMENT OF THIS LIMITED WARRANTY. THIS WAIVER INCLUDES, BUT IS NOT LIMITED TO, ALL ISSUES: (1) INVOLVING THE INTERPRETATION OF THIS LIMITED WARRANTY OR ANY DOCUMENT SUPPLEMENTAL TO OR RELATED TO THE CONTENTS OF THIS LIMITED WARRANTY; (2) REGARDING CONSTRUCTION MATTERS OF THE HOUSE AND/OR IMPROVEMENTS TO THE LOT, BEFORE OR AFTER THEIR COMPLETION; AND (3) REGARDING ACTS OR OMISSIONS COMMITTED OR OMITTED BY MARONDA.