Page 121 - KHovanian Homes - Pathway to Homeownership

C. D . 4. 5. 6. 7. 8. Insufficient hydrostatic resistance at the exterior base of the foundation walls and across any floor within the foundation walls and across any floor within the foundation walls that allows water migration through joints where the floor meets the walls or into the structure through basement floors or drains, or Defective or inadequately functioning gutters or downspouts. Condensation of the foundation walls or interior finish. Openings for pipes, cables ducts and other intrusions into the alterations of the waterproofed walls made after application of the Basement Waterproofing System. Application of the Basement Waterproofing System by a contractor other than ACS. The use of expansion or contraction devices in the design of the wall structure. Any construction technique used by a builder or subcontractor that allows water to enter above, below or behind the Basement, Waterproofing System. Transferability: This warranty may be transferable to subsequent Buyers provided certain conditions are satisfied. To request a transfer of any remaining Warranty, the subsequent Buyer must complete the attached Transfer Request and return it along with a $500.00 processing fee payable to All Construction Services to the address above within sixty (60) days after the closing date for the purchase from the previous Buyer. If Delta/ACS, at its sole discretion, does not approve the Transfer Request, then the $500.00 processing fee will be returned. Filing a Claim: If Leakage occurs which you believe is through the Basement Waterproofing System, please notify All Construction Services, 945 industrial Parkway North, Brunswick, OH 44212. Notification must be within thirty (30) days of the discovery of the Leakage. Upon receipt of such notification Delta/ACS will make a prompt investigation of the claim and perform its obligations as required herein. Severability: If any part of this Warranty shall be determined to be invalid then such portion shall be deemed severed from this Warranty and the remaining terms, exclusions and limitations shall apply. No waiver by Delta/ACS of any limitation, term or condition of this Warranty shall operate as a waiver of any limitation, term or condition applicable to the claim, or to any future claim, whether of like or different nature. Mandatory arbitration: Buyer and Delta/ACS specifically agree that any controversy or claim arising out of the Warranty shall be settled by Arbitration in the State of Ohio (as exclusive venue) administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on any award rendered by arbitrator (s) may be entered in any court having jurisdiction thereof. Time Frame: This warranty extends thirty (30) years from the date of completion of the Basement Waterproofing application. ALL CONSTRUCTION SERVICES Edition July 2019 | 99