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COPYRIGHT © STEVEN S. MILLER CONSTRUCTION COMPANY 2008
Warranty...

STEVEN S. MILLER CONSTRUCTION INC.
LIFETIME LIMITED NEW HOME WARRANTY
THIS AGREEMENT made this _______ day of ________________, 200__, by and between STEVEN S. MILLER CONSTRUCTION INC. ("Construction Contractor"), and _______________________________________________ ("Buyer") for the purchase and sale of the home located at ______ in Twin Falls County, Idaho.
WHEREAS, Construction Contractor does hereby agree to give a lifetime limited warranty on the the major structural defects on home and a (2) year limited warranty on latent defects following closing of home. Upon the following conditions set forth the parties hereby agree as follows:

1. Prior to or at Closing, the Buyer shall deliver an Affidavit of Acceptance containing a written list of any apparent defects, omissions, adjustments or malfunctions in the dwelling or Improvements not previously made known in writing to the Construction Contractor. To the extent that such items are a normal Construction Contractor's responsibility or not otherwise excluded hereunder, corrections or adjustments will be made by the Construction Contractor within sixty (60) days after Closing. Buyer agrees to cooperate after Closing to make the dwelling and Improvements available for subcontractors during normal business hours in order that agreed items may be corrected.
2. Construction Contractor warrants the HOME to be free from latent defects for a period of (2) year following Closing.
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 (2) year from date of Closing, and such defect has been directly caused by Construction Contractor's failure to construct in accordance with the standards of construction prevailing in Twin Falls County area. 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.

3. Steven S. Miller Constrution Inc. warrants home to be free of MAJOR STRUCTURAL DEFECTS for the LIFETIME of home owned by initial buyer, which includes material and workmanship of load bearing portions of home listed below:
a. Roof rafters and trusses
b. Ceiling and Floor Joists
c. Structural floor systems and slabs in living area of home
d. Load bearing partitions and walls
e. Supporting beams and headers, supporting columns
f. Foundation systems

PROCEDURE: Should it appear that a possible latent defect or major structural defect (non-emergency nature) has developed, Buyer shall outline pertinent details in writing and deliver same to Construction Contractor immediately. Following receipt of such notice, Construction Contractor will make an inspection. If a latent defect exists, the Construction Contractor will (at Construction Contractor's sole option) either (1) repair, (2) replace, or (3) pay to Buyer the reasonable cost of such repair or replacement due to such latent defect(s); however, Construction Contractor shall not be obligated to spend more than the purchase price of the Home.
NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED HEREIN, THIS WARRANTY DOES NOT COVER ANY APPLIANCE, PIECE OF EQUIPMENT, OR ITEM WHICH IS A CONSUMER PRODUCT.
THIS WARRANTY IS GIVEN IN LIEU OF ANY AND ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABI LIT Y, FITNESS FOR A PARTICULAR PURPOSE, HABITABI LIT Y AND WORKMANSHIP, AND IS ALSO IN LIEU OF ANY CLAIMS FOR CONSEQUENTIAL DAMAGES, MENTAL ANGUISH OR DISTRESS AND FOR DAMAGES BASED ON NEGLIGENCE, EXCEPT, IF APPLICABLE, SUCH WARRANTY AS SPECIFICALLY STATED IN ANY REQUIRED VA/FHA WARRANTY DELIVERED SIMULTANEOUSLY HEREWITH, EACH OF WHICH IS HEREBY WAIVED BY BUYER. (Initials __________).

4. The ConstructionContractor shall not be liable under this Limited Warranty unless written notice of the latent defect shall have been given by Buyer to Construction Contractor within the one (2) year warranty period. Steps taken by the Construction Contractor to correct any defect or defects shall not act to extend the warranty period described hereunder.
5. If Buyer has given Construction Contractor written notice of the latent defect within the (2) year warranty period, the Buyer shall have ninety (90) days after expiration of the (2) year warranty period to initiate mediation and/or arbitration relating to any defects not corrected by Construction Contractor hereunder.
6. Construction Contractor hereby assigns to Buyer all of Construction Contractor's rights, if any, under manufacturers' warranties on appliances and items of equipment included in the Unit. Construction Contractor assumes no responsibility for such manufacturers' warranties, and Buyer should follow the procedures in the manufacturers' warranties if defects appear in such appliances and items of equipment.
7. Construction Contractor 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 Limited 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; mildew and fading, chalking and checking of paint due to sunlight; cracks due to drying and curing of concrete ¼ inch or smaller, stucco, plaster, bricks and masonry; drying, shrinking and cracking of caulking and weatherstripping.
(d) Conditions resulting from condensation on, or expansion or contraction of, materials.
(e) Defective design or materials supplied by Buyer or installed under his direction, or defects in, or caused by anything not built into or installed in the Home pursuant to contract between Construction Contractor and Buyer.
(f) Damages due to ordinary wear and tear, abusive use, improper operation of any element or lack of proper maintenance of the Home.
(g) Loss or injury due to the elements.
(h) Landscaping or any portion thereof is hereby expressly excluded from this Limited Warranty, including sodding, seeding, shrubs, trees and plantings, except that Construction Contractor guarantees trees and plantings will bloom the first season after installation.
(i) Insect damage of any nature whatsoever.
(j) Non-uniformity of appearance of used or simulated used brick.
(k) Chips, scratches, or mars in tile, woodwork, walls, porcelain, brick, plumbing fixtures, formica and glass not expressly identified to Construction Contractor prior to Closing.
(l) Faucet and Toilet adjustments after the initial thirty (90) days of the warranty period.
(m) Utility service lines installed by municipality or service company and back filling, or slumping thereof, including meters.
(n) Deterioration or defects in asphalt paving.
(o) Changes or failures in the underground water table and subsurface soil structures beyond the Construction Contractor's control.
(p) Damage due to the abuse or neglect of the Buyer, or the Buyer's failure to provide proper maintenance.
(q) The presence of mold, mildew, spores, fungi or other related conditions, Acts of God, lightning, windstorm, hail, flood, mud slides, radon gas, sinkholes, earthquakes or other similar conditions.
(r) Special Exclusions:
8. All warranty work shall be scheduled during normal weekday working hours, except in emergencies.
9. This warranty is extended only to the Buyer(s) named herein. It is not transferable to subsequent Buyers of the Home.
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; and 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 Idaho.
13. All claims, disputes or other matters in question ("Claims") arising out of, or relating in any way, to this Limited Warranty or breach thereof, or relating to the relationship involved with or concerning this Limited Warranty, shall be subject to mediation and, in the event no mediated resolution is reached within sixty (60) days of either party's request for, and notice of, mediation, then subject to arbitration by a single arbitrator in Twin Falls County, Idaho, in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect.

EACH PARTY ACKNOWLEDGES THAT HE OR SHE IS KNOWINGLY WAIVING THE RIGHT TO A TRIAL BY JURY RELATING TO ALL CLAIMS. All disputes concerning the arbitrability of any claim or the enforceability or scope of this provision shall be subject to the same binding arbitration. The parties shall bear equally the cost of the arbitrator, and each party shall otherwise bear their own costs; provided, the arbitrator shall have the authority to award costs as a part of this award to the extent authorized by applicable law. The arbitrator shall follow the law applicable to any Claim and shall be empowered to award any damages or other relief which would be available under the law applicable to any such Claim. The determination of the arbitrator shall be final, binding on the parties and non-appealable, and may be entered in any court of competent jurisdiction to enforce it. The parties acknowledge and agree that the transactions contemplated by this Limited Warranty, which include the use of materials and components which are obtained from out-of-state and which otherwise include the use of interstate mails, roadways and commerce, involve interstate commerce, as that term is defined in the Federal Arbitration Act, 9 U.S.C. § 1, et seq.
14. Buyer acknowledges that the sole remedy available to Buyer hereunder is the right to require Construction Contractor to repair, replace or pay the reasonable cost of repairing or replacing any such items. Further, this is the entire and sole agreement of the parties. All prior representations and agreements, including the Sales Contract pertaining to the purchase and sale of the Unit, are incorporated or merged herein or superseded hereby.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
CONSTRUCTION CONTRACTOR:
STEVEN S. MILLER CONSTRUCTION INC.
By:
Its:
BUYER:



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