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Limited Warranty

The Contractor hereby grants to the Owner for a period of ninety (90) days following Substantial Completion that the dwelling, together with all its fixtures, is sufficiently (I) free from structural defects, so as to pass without objection in the trade, (ii) constructed in a workmanlike manner, so as to pass without objection in the trade, and (iii) fit for habitation (“Limited Warranty”). IT IS UNDERSTOOD AND AGREED THAT CONTRACTOR’S LIABILITY UNDER THIS CONTRACT FOR THE CONSTRUCTION OF THE HOME IS CONFINED TO THE LIMITED WARRANTY AND THAT CONTRACTOR SHALL NOT BE OBLIGATED TO FULFILL ANY WARRANTY COMMITMENTS UNTIL THERE HAS BEEN FULL PAYMENT OF SUMS OWED TO CONTRACTOR UNDER THIS CONTRACT. As to items not of Contractor’s manufacture, such as any air conditioner, water heater, refrigerator, range, dishwasher and other appliances, equipment or “consumer products,” as defined by the Federal Trade Commission, Contractor agrees to assign Owner the manufacturer’s warranty, without recourse. Owner acknowledges and realizes that Contractor itself is making no warranty on such items. THE LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THIS CONTRACT. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER WARRANTIES OF FITNESS, MERCHANTABILITY, HABITABILITY, OR GOOD AND WORKMANLIKE CONSTRUCTION ARE DISCLAIMED AND EXCLUDED.