MANUFACTURERS LIMITED WARRANTY
Congratulations on the purchase of your new Stone Canyon Homes Park Model Home! We are extremely excited to have you as a new customer and welcome you to the Stone Canyon Homes Family!
As the Manufacturer of your new Park Model Home we are proud to offer one of the industry’s most comprehensive warranties. Everyone at Stone Canyon Homes takes pride in our products and we take pride in our award-winning customer service. Please contact us directly through our website (www.stonecanyonhomes.com) for any customer support questions you may have. Should you need to register a warranty claim you can do that online at www.warranty.stonecanyonhomes.com.
Your new home has been constructed to meet or exceed ANSI-119.5 Recreational Vehicle Code and all applicable governmental requirements, and that the home, including the structure, plumbing, heating and electrical systems, and all appliances and equipment installed by the Manufacturer, is free of material defect or workmanship under normal use for a period of one (1) year, beginning on the date of the original retail delivery (or the date of first occupancy, if used as a commercial unit). Cosmetic deficiencies, including minor scratches, breakage, mars, cuts, gouges, and dents will be repaired if reported during customer orientation. Where no orientation occurs, these items will be repaired if reported to the retailer or manufacturer within forty five (45) days of close of sale. The appliances and equipment in the home may be covered by warranties provided by the manufacturers of such items.
This warranty extends only to the first retail or commercial purchaser (“Purchaser”) and applies only while the home is located at the original retail or commercial site. Some states may not permit such limitations during the warranty period, so these limitations may not apply to you. Some manufacturers offer optional warranties that may be purchased for an additional charge.
ONE YEAR LIMITED WARRANTY AND BINDING DISPUTE RESOLUTION AGREEMENT
This One Year Limited Warranty and Binding Dispute Resolution Agreement applies to your home, and your agreement to the terms of the One Year Warranty and Binding Dispute Resolution Agreement is a condition of the sale of your home and of the Manufacturer’s performance of the Limited Warranty. This One Year Limited Warranty and Binding Dispute Resolution Agreement constitutes and shall be interpreted as one agreement.
LIMITED WARRANTY COVERAGE
Manufacturer warrants that for a period of one (1) year from the date of delivery, that the home, including the structure, plumbing, heating and electrical systems, and all appliances and equipment installed by the Manufacturer, is free from manufacturing defects in material or workmanship under normal use for a period of one (1) year, beginning on the date of the original retail delivery (or the date of first occupancy, if used as a commercial unit). Cosmetic deficiencies, including minor scratches, breakage, mars, cuts, gouges, and dents will be repaired if reported during customer orientation. Where no orientation occurs, these items will be repaired if reported to the retailer or manufacturer within forty five (45) days of close of sale. The appliances and equipment in the home may be covered by warranties provided by the manufacturers of such items.
Manufacturer’s warranty does not extend to any part of the home, including the structure, plumbing, heating and electrical systems, and all appliances and equipment installed by the Manufacturer that (a) is modified or altered by the Purchaser or at the Purchaser’s direction; (b) is not maintained to Manufacturer’s maintenance recommendations set forth in the applicable documentation Manufacturer makes available to Purchaser; (c) is operated in a manner other than that specified by Manufacturer, (d) has its serial number removed or altered; or (e) is treated with abuse, negligence or other improper treatment (including, without limitation, use outside the recommended environment). This warranty covers only those WORKMANSHIP OR MATERIAL defects which become evident within the applicable warranty period and where written notice is provided to the Retailer or Manufacturer as soon as Purchaser becomes aware of a warranty claim item during the covered warranty period. The Purchaser is responsible for normal maintenance as described in the Homeowner’s Manual. If a problem occurs which the Purchaser believes is covered by this warranty, the Purchaser should contact the Retailer from whom the home was purchased, provide the Retailer with a written description of the problem, and cooperate so that the problem can be resolved by the Retailer.
If the Retailer is unable to resolve a problem which the Purchaser is convinced is covered by the warranty, the Purchaser should contact the Manufacturer on the Stone Canyon Homes website at www.warranty.stonecanyonhomes.com and provide a written description of the problem and the attempts made to resolve it. Upon receipt of such written description, where the Retailer was unable to resolve the problem, the Manufacturer will perform any repairs or replace any parts necessary to correct defects in material or workmanship covered by this warranty, or will take other appropriate action it may deem necessary.
DISCLAIMER OF WARRANTY
Except as expressly provided by this Limited Warranty, Manufacturer specifically disclaims all warranties either express or implied, including ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE and neither assumes not authorizes any other person or entity to assume for it any liability in connection with the sale of this home. It is understood by the Purchaser that the only warranties applying to this home and the appliances contained therein are those which may be provided by the manufacturer of said home and/or appliances.
ITEMS VOIDING THIS WARRANTY
Any structural modification or addition that is attached to the structure will void your warranty.
Failure to adhere to the Manufacturer’s required setup, maintenance and notification requirements as defined in the Homeowner’s manual located at www.stonecanyonhomes.com/homeownersmanual.
THIS WARRANTY DOES NOT COVER:
1. Any home registered or located outside the continental United States; in Puerto Rico, Alaska or Hawaii.
2. Any home moved from the site where it was originally set.
3. Any home used in whole or in part for commercial or industrial purposes.
4. Claims, demands or liabilities arising out of the leasing or renting of the home.
5. Subject to applicable law, any item manufactured or installed by a third party, including appliances or accessories; provided that if the Manufacturer installs an item manufactured by a third party, this Limited Warranty will cover Defects resulting from improper installation.
6. Expenses incurred to repair the home that are not approved by the Manufacturer in advance.
7. Damage to personal property other than the home.
8. Shadows in the ceiling due to mud texture buildup at ceiling joints.
9. Roof rumble and other roof noises on a home equipped with a metal roof. 10. Defects or damages resulting from:
• Improper transportation, unless such Defector damage results from improper transportation by the Manufacturer.
• Improper installation, leveling or re-levelingof the home or installation of skirting or other accessories provided by your retailer.
• Failure to properly perimeter block exterior doors.
• Failure to properly seal a multi-section home.
• Failure to properly install plumbing and electrical “cross-overs” andconnections.
• Settling of the home or shifting soilconditions (such as glass/mirror cracking or breakage, door adjustments, minor drywall and ceiling cracks).
• The use of fixed or portable kerosene,LPG, natural gas or other forms of fuel-burning unvented heater(s) or unvented gas logs in the home.
• Soot or smoke damage caused by use of candles in home.
• Frozen pipes.
• Any structures attached to the home,including decks and porches.
• Abuse, misuse, negligence, accident, theft, vandalism, natural disasters or acts ofGod.
• Alteration or modification of the home.
• Condensation, mold and mildew.
• Deterioration caused by exposure to ground moisture.
• Inadequate drainage from beneath the home.
• Normal deterioration due to wear or exposure.
• Wear and tear in stock and display homes.
• Lack of maintenance.
• An oversized air conditioning system. Contact your retailer or Manufacturer for information concerning the proper method for right-sizing a system for your home.
• Any consequential damages due to the use of room/window air-conditioners.
• Failure to comply with instructionscontained in the Homeowner’s Manual or the Manufacturer’s
Installation Manual or installation instructions.
11. Heavy furniture, artwork, appliances, or other items that exceed the home’s structural capacity, including but not limited to: safes, tanks, chests, sculptures, or freezers. Cosmetic damage or imperfections including, but not limited to, the following:
• Broken, chipped or scratched glass, mirrors, or electrical cover plates.
• Dents, gouges, scratches, or scuffs invinyl floor coverings, walls, doors, cabinets, moldings, countertops, appliances, or plumbing fixtures, including toilet seats, shower stalls and tubs.
• Stains, cuts and/or tears in and on carpets, floor coverings, and window treatments.
• Visible floor decking seams in areas with roll goods or tile floor coverings.
• Damaged or stained hardware (such as door pulls, knobs, towel bars, etc.), shower doors, exterior siding,
trim or shutters.
• Broken, missing or loose trim or gaps in trim.
• Minor drywall and ceiling cracks.
• Torn or damaged window screens or shower curtains.
• In cases where vinyl floor coverings have to be replaced due to damage, only the floor covering in the room affected will bechanged. Tile bar(s) will be used at doorways or other room transitions. Additionally, quarter-round molding may be used around the perimeter of the room as a result of the floor covering change.
12. Problems resulting from failure to comply with instructions contained in both the Homeowner’s and Installation Manuals.
13. Bedding, draperies, furniture, tires, wheels or axles.
14. Appliances, accessories, and any site-built structure (including porches, awnings, garages, etc.) provided or
installed by the retailer or a third party.
15. Defects or problems caused by or related to:
• Improper setting and leveling of the home prior to use.
• Improper use or lack of owner maintenance, winterizing or other homeowner care required under the
• Improper soil conditions, site preparation, installation or ventilation at the retail purchaser’s site,
resulting in water or other damage;
• Use in the home of any gas, natural gas, kerosene heater, kerosene lights, heaters or other type of fuel-
burning portable lamps, lights, heaters, etc;
• Abuse, misuse, negligence, or accident;
• Alteration or modification of the home;
• Normal deterioration due to wear or exposure;
• Site-built structures attached to the home.
• Lack of a polyethylene plastic (minimum 6 mil thick) vapor barrier installed on the ground under the unit
and properly staked.
16. Loss of time, inconvenience, commercial loss, loss of use of the home, incidental charges such as telephone calls, hotel bills or other incidental or consequential damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO THE ITEMS OR COMPONENTS COVERED BY THE LIMITED ONE-YEAR EXPRESS WARRANTY ARE LIMITED IN DURATION TO THE TERM OF SUCH LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.
THE REMEDIES PROVIDED IN THIS WARRANTY ARE THE OWNER’S EXCLUSIVE REMEDIES. THE MANUFACTURER IS NOT RESPONSIBLE FOR ANY UNDERTAKING, REPRESENTATION OR WARRANTY MADE BY A RETAILER OR OTHER PERSON BEYOND THOSE EXPRESSLY SET FORTH IN THIS WARRANTY.
Any dispute or claim relating to your home, including those relating to warranties, service work, design, manufacturing or construction, whether based in contract, tort or otherwise, at the request of you or The Manufacturer shall be resolved by BINDING ARBITRATION in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) or any more applicable or appropriate rules then in effect and the Federal Arbitration Act (9 U.S.C. §1, et seq.). You agree that your Home contains parts manufactured outside of the state where the home is sold and delivered; the manufacture, transportation, sale and use thereof has been and will continue to be regulated by the laws of the United States of America and affect interstate commerce. All issues concerning whether or the extent to which a dispute or claim is subject to arbitration, including issues relating to the enforceability of this section, shall be determined by the arbitrator(s), or by a court of competent jurisdiction without a jury. If a dispute or claim is not subject to arbitration, then such dispute or claim shall be decided in a court of competent jurisdiction WITHOUT A JURY. Any right to a trial by jury of any dispute, claim, or controversy between any party hereto, or their heirs, successors and assigns is expressly and irrevocably waived. All statutes of limitations or other defenses relating to the timeliness of the assertion of a dispute or claim shall be applicable in any such arbitration, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for such purposes. This Arbitration provision applies to you and your heirs, successors and assigns. If any party fails or refuses to arbitrate in accordance with the terms of this agreement, the arbitrator(s) shall, in addition to any other relief awarded through arbitration, tax all of the costs, including reasonable attorneys’ fees, in favor of the party seeking to enforce arbitration if that party has to resort to judicial or other means to compel arbitration. The judgment upon the final decision rendered in arbitration shall be final and may be entered in any court having jurisdiction. Should any provision, condition, or term hereof be interpreted by a court of competent jurisdiction as being void or unenforceable, then such provision may be stricken or voided by the court without any effect on any other provision. Should this provision for mandatory binding arbitration be interpreted by a court of competent jurisdiction to be invalid, then such should be considered an agreement for non-binding alternative dispute resolution (i.e. mediation) which shall be a prerequisite to any further action for any relief of damages. All costs associated with arbitration will be allocated according to the arbitrator’s decision.