At contract signing all buyers sign two important documents (New Home Limited Warranty Agreement and Statement of Non-Warrantable Conditions). These itemize Mandalay Homes warranty guidelines. For your reference, we have provided the text of those important documents below. If you feel you have a warrantable condition, please fill out a service request form and a Mandalay Representative will evaluate your request and contact you shortly.
This limited warranty excludes consequential damages, limits the duration of implied warranties to one year, and provides for liquidated damages.
Within one year from the date of Closing or occupancy by the Buyer, whichever occurs first, the Seller will repair or replace, at the Seller's option, any latent defects in material or workmanship by the standards of construction relevant in the city in which the Home is located. A latent defect is defined as one which was not apparent at the time of occupancy. The Buyer agrees to accept a reasonable match in any repair or replacement in the event the original item is no longer available.
Damage resulting from fires, floods, storms, electrical malfunctions, accidents, or acts of God.
Damage from alteration, misuse, abuse or failure to maintain the covered items by any person.
Damage resulting from the Buyer's failure to observe any operating instructions furnished by the Seller at the time of installation.
Damage resulting from a malfunction of equipment or lines of the telephone, gas, power, or water companies.
Any items listed as "Non-Warrantable Conditions" on the list that is incorporated into this Agreement. The Buyer acknowledges receipt of the list of "Non-Warrantable Conditions".
Any item furnished or installed by the Buyer.
Any appliance, piece of equipment, or other item that is a consumer product for the purposes of the Magnuson-Moss Warranty Act, 15 U.S.C. Sec. 2301 et seq., installed or included in the Home. The only warranties of items listed below are those that the manufacturer provides to the buyer:
(a) At the Buyer's request, Seller agrees to make any such warranties available to the Buyer's for inspection.
(b) The Seller hereby assigns (to the extent that they are assignable) and conveys to the Buyer all warranties provided to the Seller on any manufactured items that have been installed or included in the Home. The Buyer accepts this assignment and acknowledges that the Seller's only responsibility relating to such items is to lend assistance to the Buyer in settling any claim resulting from the installation of these products.
Incidental, consequential, secondary, or punitive damages; Damages for aggravation, mental anguish, emotional distress, or pain and suffering; nor Attorney's fees or costs. The Seller hereby limits the duration of all implied warranties, including the implied warranties of fitness of purpose, habitability, and workmanlike construction to one year from the date of closing or the date of occupancy, whichever occurs first. These limitations shall be enforceable to the fullest extent permitted by Arizona law. Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of implied warranties, so the limitations or exclusions listed above may not apply. This warranty is personal to the original Buyer and does not run with the Home or the items contained in the Home. The original Buyer may not assign, transfer, or convey this warranty without the prior written consent of the Seller, who shall have the sole discretion to deny such consent.
Repair work will be done during Seller's normal working hours. The Buyer agrees to provide the Seller or Seller's representative access to the house and the presence, during the work, of a responsible adult with the authority to approve repair and sign a work order completion form upon completion of the repair.
Statement of Non-Warrantable Conditions
This document lists the conditions of the Home which are not covered by the Seller's warranties given to the Buyer. This document further explains some of the changes and need for maintenance that may occur in a new home over the first year or so of occupancy.
A home requires more maintenance and care than most products because it is made of many different components, each with its own special characteristics. The Buyer understands that like other products made by humans, a house is not perfect. It will show some minor flaws and unforeseeable defects, and it may require some adjustments and touching up.
As described in the Limited Warranty Agreement provided to the Buyer of which this statement of "Non-Warrantable Conditions" is made a part, the Seller will correct certain defects that arise during defined time periods after construction is completed not exceeding one year. Other items that are not covered by the Seller's warranty may be covered by separate manufacturer's warranties.
Some conditions, including (but not limited to) those listed in this statement of non-warrantable conditions, are not covered under the Seller warranties. The Buyer should read these conditions carefully and understand that the Seller is not obligated to correct certain types of problems that may occur in the Buyer's new house. These guidelines will alert the Buyer to certain types of maintenance (a) that are the responsibility of the Buyer and (b) that could lead to problems if they are neglected.
The following list outlines some of the conditions that are not warranted by the Seller. The Buyer should be sure to understand this list. If the Buyer has any questions, the Buyer should ask the Seller and feel free to consult an attorney or other professional before signing the acknowledgement at the end of this document.
1. Concrete. Concrete foundations, walks, and patios can develop hairline cracks that do not affect the structural integrity of the building. These cracks are caused by characteristics of expansion and contraction. No method of eliminating these cracks exists. This condition does not affect the strength of the building.
2. Masonry & Stucco. Masonry, mortar and stucco can develop cracks from shrinkage of the materials. This condition does not affect the strength of the building.
3. Wood. Sometimes wood will check, crack or "spread apart" because of the drying out process. This condition is most often caused by the heat inside the house or the exposure to the sun on the outside of the house. This condition is considered normal, and the homeowner is responsible for any maintenance or repairs resulting from it.
4. Sheetrock or Drywall. Sheetrock or drywall will sometimes develop nail pops or settlement cracks. These nail pops and settlement cracks are a normal part of the drying out process. These items can easily be handled by the homeowner with spackling during normal redecorating.
5. Floor Squeaks. After extensive research and writing on the subject, technical experts have concluded that much has been tried but that little can be done about floor squeaks. Generally, floor squeaks will appear and disappear over time with changes in the weather.
6. Floors. Floors are not warranted for damage caused by neglect or the incidents of use. Wood, tile, vinyl and carpet all require maintenance. Floor casters are recommended to prevent discoloration. Carpet has a tendency to loosen in damp weather and will stretch tight again in dryer weather.
7. Caulking. Exterior caulking and interior caulking in bathtubs, shower stalls and ceramic tile surfaces will crack or bleed somewhat in the months after installation. These conditions are normal and should not be considered a problem. Maintenance or repairs resulting from them are the homeowner's responsibility.
8. Broken Glass. Any broken glass or mirrors that are not noted by the Buyer on the final inspection form are the responsibility of the Buyer.
9. Stained Wood. All items that are stained will normally have a variation of colors because of the different texture of the woods. Because of weather changes, doors that have panels will sometimes dry out and leave a small space of bare wood. These normal conditions should not be considered defects.
10. Paint. Good quality paint has been used internally and externally on this home. Nevertheless, exterior paint can sometimes crack or check. The source of this defect is most often something other than the paint. To avoid problems with the paint, buyers should avoid allowing lawn sprinklers to hit painted areas, and so on. Buyers should also not scrub latex-painted inside walls and be careful of newly painted walls as they move furniture. The best paint will be stained or chipped if it is not cared for properly. Any defects in painting that are not noted at final inspection are the responsibility of the Buyer.
11. Cosmetic Items. The Buyer has not contracted with the Seller to cover ordinary wear and tear or other occurrences subsequent to construction that affect the condition of features in the home. Chips, scratches, or mars in tile, woodwork, walls, porcelain, brick, mirrors, plumbing fixtures, marble and Formica tops, lighting fixtures, kitchen and other appliances, doors, paneling, siding, screens, windows, carpet, vinyl floors, cabinets, and the like that are not recognized and noted by the Buyer at the final inspection are non-warrantable conditions, and the upkeep of any cosmetic aspects of the home are the Buyer's responsibility.
12. Plumbing. Dripping faucets, toilet adjustments, and toilet seats are covered by the Seller's warranty for a 30 day period only. After that, they are the Buyer's responsibility. If the plumbing is stopped up during the warranty period and the person servicing the plumbing finds foreign materials in the line, the Buyer will be billed for the service.
13. Alterations to Grading. The Buyer's lot has been graded to ensure proper drainage away from the home. Should the Buyer wish to change the drainage pattern because of landscaping, installation of patio or service walks, or other reasons, the Buyer should be sure a proper drainage slope is retained. The Seller assumes no responsibility for the grading or subsequent flooding or stagnant pool formation if the established pattern is altered.
14. Lawn and Shrubs. The Seller accepts no responsibility for the growth of grass or shrubs. Once the Seller grades and installs landscaping (if any), the Buyer must water and spread ground cover to prevent erosion. The Seller will not re-grade a yard, nor remove or replace any shrubs or trees, except for those that are noted as diseased at final inspection.
15. Roof Damage. The warranty on the Buyer's roof is the manufacturer's warranty which covers only the material and which is prorated over the period of the lifetime use of the roof. Warranty claims for any defects in materials will be handled with the manufacturer with the Seller's assistance.
The Seller will not be responsible for any damages caused by walking on the roof or by installing a television antenna, satellite dish, or other item on the roof.
16. Heating and Air-Conditioning. The Buyer's source of heating and air-conditioning is covered by a manufacturer's warranty. The Buyer is responsible for making sure the filters are kept clean and changed on a 30-day basis. Failure to do so may void the warranty. Having the equipment serviced or checked at least yearly is a good idea.