Page 120 - KHovanian Homes - Pathway to Homeownership

THIS WARRANTY EXCLUDES ANY LIABILITY OR CLAIMED DAMAGES RELATED TO MOLD, MILDEW, FUNGI OR ANY AIR QUALITY PROBLEMS, ADDITIONALLY, THIS WARRANTY EXCLUDES ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION THOSE ATTRIBUTABLE TO BREACH OF ANY WARRANTY MADE WITH REGARD TO THE BASEMENT WATERPROOFING SYSTEM. AS AN EXAMPLE, THIS MEANS WE WILL NOT TAKE RESPONSIBILITY FOR ANY DAMAGES, CLAIMS, SUITS, LOSSES OR COSTS YOU MIGHT SUSTAIN THAT ARE RELATED TO LEAKAGE, MOLD, MILDEW, FUNGI, AIR QUALITY, DAMAGE TO THE STRUCTURE OR ITS CONTENTS,OR FOR COSTS OF REPAIR OR REPLACING THE BASEMENT WATERPROOFING SYSTEM OTHER THAN THAT SPECIFICALLY PROVIDED UNDER THIS WARRANTY. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow the exclusion or limitation of incidental or consequential damages. So the exclusion or consequential or incidental damages may not apply to you. Exemptions: A. THIS WARRANTY DOES NOT APPLY AND DELTA AND ACS HAS NO RESPONSIBILITY FOR MOLD, MILDEW FUNGI OR AIR QUALITY. THIS WARRANTY EXCLUDES ANY LIABILITY OR CLAIMED DAMAGES RELATED TO MOLD, MILDEW, FUNGI OR ANY AIR QUALITY PROBLEMS, ADDITIONALLY, THIS WARRANTY EXCLUDES ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION THOSE ATTRIBUTABLE TO BREACH OF ANY WARRANTY MADE WITH REGARD TO THE BASEMENT WATERPROOFING SYSTEM. AS AN EXAMPLE, THIS MEANS WE WILL NOT TAKE RESPONSIBILITY FOR ANY DAMAGES, CLAIMS, SUITS, LOSSES OR COSTS YOU MIGHT SUSTAIN THAT ARE RELATED TO LEAKAGE, MOLD, MILDEW, FUNGI, AIR QUALITY, DAMAGE TO THE STRUCTURE OR ITS CONTENTS,OR FOR COSTS OF REPAIR OR REPLACING THE BASEMENT WATERPROOFING SYSTEM OTHER THAN THAT SPECIFICALLY PROVIDED UNDER THIS WARRANTY. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow the exclusion or limitation of incidental or consequential damages. So the exclusion or consequential or incidental damages may not apply to you. Exemptions: A. THIS WARRANTY DOES NOT APPLY AND DELTA AND ACS HAS NO RESPONSIBILITY FOR MOLD, MILDEW FUNGI OR AIR QUALITY. B. This warranty does not apply and Delta/ACS has no responsibility resulting from: 1. Cracks or defects greater than 1/16”, including structural defects in the walls, footings or foundation regardless of cause. 2. Damage to the applied Basement Waterproofing System or to the walls to which it is applied. 3. Improper drainage above, around or under the building or the foundation walls resulting from the following specified failure to either meet or exceed local construction codes or failure to meet or exceed good construction practices existing at the time of application of Basement Waterproofing System: A. Defective or inadequately functioning interior, exterior, or an interior/exterior foundation draining system; or B. Grading that does not slope away from the structure sufficiently to drain water away from the structure or which results in a grade one extending above the Basement Waterproofing System that allows water to penetrate above the Waterproofing System, or 98 | Edition July 2019 ALL CONSTRUCTION SERVICES