National Warranty manual
(C) Cost of repair . Instead of correcting a construction defect, we may decide at our option to pay you the reasonable cost of same. Nothing in this Warranty eliminates your obligation to provide us with notice of the construction defect and an opportunity to investigate and repair as provided in section 5.1. If you agree to accept payment for the reasonable cost of repairs or replacement of a defective item instead of replacing or repairing the item, then prior to such payment, you must sign and deliver to us a full and unconditional release, in recordable form, of all legal obligations with respect to the defect, any condition arising from the defect and any repair or replacement of the defective item. (D) Repair Materials and Appearance. The repair of a covered home will be to a condition approximating the condition just prior to the manifestation of the defect. Repaired areas or replaced items will be finished and/or touched up to match the surrounding area as closely as reasonably possible. Finish material, such as paint, wallpaper, flooring, ceramic tile, grout, stone, brick, marble, countertops, cabinets or other hard surfaces, such as concrete, asphalt, or cementitious finishes will be matched to the original specification as closely as reasonably possible. We are not responsible for discontinued patterns, or color or texture variations upon repair or replacement. Because of product variations, age, dye lots, availability of materials, normal wear and tear, and similar factors, we are not obligated to match materials and finishes exactly. (E) TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS MADE DURING THE TERM OF THIS LIMITED WARRANTY AGREEMENT SHALL NOT EXCEED THE ORIGINAL SALE PRICE OF THE HOME. 3. Homeowner’s Responsibilities 3.1 Responsibility to maintain. You must maintain your home to ensure proper performance and to avoid premature deterioration. Maintenance is your responsibility, as this Warranty is not a maintenance contract. You should become familiar with proper maintenance requirements. Your ongoing maintenance responsibilities include, but are not limited to, periodic repainting, resealing of finished surfaces as necessary, caulking, maintenance of mechanical systems, preservation of grading around the home and cleaning of drainage systems to allow for proper drainage of water away from the home. You are responsible for all construction defects and damages caused by the lack of maintenance or by improper maintenance. Such construction defects and related damages are excluded from coverage under this Warranty. We may make a maintenance manual or materials available to you, but the failure to provide you with a maintenance manual does not relieve you of your maintenance obligations. In circumstances where a homeowners’ or property owners’ association is responsible for performing certain maintenance, you are still responsible to make sure the maintenance is performed either by the association or you. 3.2 Responsibility for proper use. You are responsible for any improper use of your home, including, but not limited to, unreasonable use, intentional damage, and the use of your home for anything other than a residence.
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