Common use of Coverage Exclusions Clause in Contracts

Coverage Exclusions. Foreign products, commercial equipment, products with no name brand recognition and/or without model and serial identification numbers or with no parts availability through normal ECM vendors and/or supply houses such as Home Depot brand products is not covered. All equipment accessories, negligence, abuse, misuse, maintenance, improper operation or installation, product sounds and odors. This contract will be voided if: equipment is moved from its original location or if equipment is moved or repaired by another company or if evaporator coil is cleaned by another service company. ECM will not pay for work done by other service companies. ECM reserves the right to rebuild and/ or install quality remanufactured parts. ECM shall not be held liable for loss or damage, consequential to or directly arising from the operation of or failure of the apparatus or its controls including failure to provide timely service due to conditions beyond its control, including but not limited to delays in obtaining parts or labor difficulties, repairs occasioned by the enforcement of existing or future codes or violations. This contract does not cover labor for repairs or installation of non- covered parts. NO PRODUCT WILL BE SERVICED, REPAIRED OR REPLACED: Due to any RUST AND CORROSION EXCLUSIONS: Any replacement and/or repairs, parts, components, or failure of any equipment related to or caused by Pre-Existing rust and/or corrosion in the first year of contract is not covered and will be excluded from present and future repair and/or replacement. Any product or part damaged or rusted due to water leaks and/or water intrusion is not covered. PROCESSING FEES: Customer agrees to pay for code upgrades, modifications, permits, permit processing fees, refundable inspection fees, warranty processing fees, handling fees, installation fees, shipping fees, (pick-up & delivery fees) and shop repair fees required by ECM. TRANSFER: No transfer of contract or equipment to or from another location is permitted, such action will void contract. 0nly a contract paid in full may be may be transferred/assigned pending approval from ECM (required in writing) pending approval from ECM. Contract holder shall submit a copy of the HUD statement and a signed letter requesting the transfer. Failure to do so will void contract.

Coverage Exclusions. Foreign Purchaser acknowledges and agrees that Appliances and Equipment included in the Home are not covered by this Warranty, including but not limited to any and all cosmetic blemishes or damages to appliances. All damages that you wish to be covered under ▇▇▇▇▇▇▇▇▇▇▇’s One Year Warranty must be noted during the Orientation Walk Through. It is the Purchaser’s responsibility to thoroughly inspect the appliances prior to closing on the Home. Notwithstanding, the Appliances and Equipment may come with separate warranties provided by the manufacturer and/or supplier of the Appliances and Equipment, and Purchaser is responsible for contacting the manufacturer and/or supplier of the Appliances and Equipment for warranty coverage information, if any. Furthermore, the Purchaser is responsible for maintenance of the Appliances and Equipment, so as to prevent damage to, and prevent damage to the structural integrity of the Home that may be caused by the negligent maintenance of Appliances and Equipment. If it is discovered that a Defect in the Home was caused by the Purchaser’s failure or negligent maintenance of the Home and/or Appliances and Equipment, Bridgewater will deem the alleged Defect as a Defect not covered by this Warranty. Purchaser understands and agrees that any and all other issues with the Home that are not identified and included in the New Home Orientation Checklist will not be covered, including but not limited to cosmetic damages that appear after the New Home Orientation Checklist is submitted to Bridgewater. Furthermore, this Warranty does not cover any damages or losses caused by any alleged Defect(s) to the Home, including but not limited to: a. Bodily or personal injury of any kind, including physical or mental pain, and suffering and emotional distress, or any consequential or indirect damages related to our caused by the alleged Defect(s); b. Defects in, or damage or loss caused by manufacturer products, commercial items or appliances including but not limited, range or stove and their associated gas lines, oven, microwave oven, dishwasher, load washers and/or dryers, garbage disposal, furnace, air conditions unit, alarms, smoke detectors, stereos, computers, sprinkler systems, rust or tarnished hardware, garage doors and garage door openers, water heater, gas fireplace, sump pump, thermostat, or carbon monoxide detectors and/or carbon monoxide investigations and/or service calls; c. Any damage caused by the work or material supplied by anyone, including but not limited to, employees, agents or subcontractors of Bridgewater if the alleged Defect(s) stems from work or material that was not included in the Purchase Contract; d. Normal wear and tear and normal deterioration, including repairing minor drywall flaws that are not visible from five (5) feet away, floor squeaks, or damage done by duct cleaning; e. Defects in garage drywall, or drywall in any other non-conditioned space, including but not limited to cracking, splitting, bubbling, sagging or nail pop; f. Cupping or gapping of site finished hardwood floors; g. Damage caused by condensation; h. Failing to properly maintain features of the Home, such as applying silicone lubricant to pertinent features of the Home, including but not limited to tracks on which interior bi-fold doors slide or garage doors; i. Any characteristic, quality, condition, composition or suitability of soil rock, bedrock, or fill of any kind that causes damage or loss to the Property and/or the Home; j. Any damage, defect, or loss resulting from any type of water leakage or water intrusion which was not reported to Bridgewater within 48 hours of discovery of said water intrusion into the Property and/or Home; k. Consequential damages of any type, including without limitation, emotional distress, pain and suffering, and/or physical consequences thereof, bodily injury, personal injury, or any medical hospital, rehabilitation, and expense arising therefrom or incidental thereto; damage to personal property and/or damage to real property which is not part of the Home; costs of shelter, transportation, food, moving, storage, or other incidental expenses related to relocation during any period of time in which the Home requires correction and/or restoration; and/or any other costs due to loss of use, inconvenience, or annoyance; l. Purchaser’s failure to discover any Defect(s) upon a reasonable inspection of the Home, and/or to give Bridgewater notice of the Defect(s) within the applicable term of this Warranty; m. Rattling noises throughout the Home, including but not limited to rattling noises caused by vinyl siding, and/or soffits; and n. Solar installation and equipment are specifically excluded herein and covered solely by separate warranties provided by the manufacturer, installer and/or supplier of the equipment, products with no name brand recognition and/or without model and serial identification numbers Purchaser is responsible for contacting the appropriate party for warranty coverage information, if any. Additionally, Purchaser acknowledges and agrees that loss or with no parts availability through normal ECM vendors and/or supply houses such as damage caused to the Home Depot brand products is not covered. All equipment accessories, by Purchaser’s negligence, abuseomissions, misuseor Purchaser’s agents, maintenanceemployees, improper operation invitees, licensees, or installationany other party that may or may not be associated with Purchaser, product sounds are not covered under this Warranty, including but not limited to damages caused: 1. By acts or omissions by the Purchaser, Purchaser’s agent, employees, licensees, invitees; 2. by insects, birds, vermin, rodents, or wild and/or domestic animals; 3. while the Home is used primarily for non-residential purposes; 4. directly or indirectly from flood, surface water, any overflow from a local body of water, water that is backed up from, or clogged drainage systems, changes in water table not reasonably foreseeable, water below the surface of the ground not reasonably foreseeable to Bridgewater, ice dams and odorsdamage caused by ice dams, and any other sources of water for which Bridgewater could no reasonably contemplate as causing damage to the home; 5. This contract by material or work supplied by anyone other than Bridgewater or employees, agents, or subcontractors of Bridgewater, including variations in R-Value of the attic insulation. Bridgewater will be voided if: equipment is moved from its original location or if equipment is moved or repaired by another company or if evaporator coil is cleaned by another service company. ECM will not pay for work done by other service companies. ECM reserves ventilate the right Home’s attic pursuant to rebuild and/ or install quality remanufactured parts. ECM applicable law, and Bridgewater shall not be held liable for loss or damage, consequential to or directly arising R-Value variations caused by other companies and/or Purchaser; 6. from the operation Purchaser’s failure to perform routine maintenance on the Home, including adjustment of or failure cabinet doors, and common areas as specified by warranties provided by the manufacturer of the apparatus Appliances and Equipment; 7. wiring between communication devices and the associated sources of power, to wiring between communication devices and the sources of power, whether or its controls including failure not connected to provide timely service due to conditions beyond its controlthe interior system of the home, including but not limited to delays systems associated with telephones, television cables, computers, and security systems; service entrance conductors, switches, outlets, receptacles, and/or junction boxes, and frequent AFCI/GFCI trips not caused by Defects; 8. any other home improvements not part of the Purchase Agreement used by Bridgewater to build the home; 9. changes in obtaining parts or labor difficulties, repairs occasioned the grading of the property surrounding the Home by the enforcement of existing or future codes or violations. This contract does anyone that is not cover labor for repairs or installation of non- covered parts. NO PRODUCT WILL BE SERVICED, REPAIRED OR REPLACED: Due to any RUST AND CORROSION EXCLUSIONS: Any replacement and/or repairs, parts, componentsBridgewater, or failure of any equipment related to Bridgewater’s employee, agent, or subcontractor; 10. changes in grading caused by Pre-Existing rust erosion; 11. modifications or additions to the Home not done by ▇▇▇▇▇▇▇▇▇▇▇; 12. the unknown presence or consequence of unacceptable levels of radon, formaldehyde, carcinogenic substances, or other pollutants and contaminants, or the presence of hazardous or toxic materials resulting in inhabitability or health risk within the Home, or using chemicals that may damage Appliances and Equipment; 13. accidents, riots, nuclear hazards, acts of God or nature, fire, explosion, blasting, smoke, water escape, windstorms, tropical storms, hurricane, hail, lightning, ice, snow, falling trees, aircraft, vehicles, flood, mud slides, sinkholes, or manmade events such as war, terrorism, or vandalism; 14. defect(s) to structures and/or corrosion improvements that are not attached to the Home itself, including but not limited to detached garages, driveways, patios, outbuildings, and other similar structures; 15. any portion of the water supply system; whether it is a public or private water system; and any portion of the sewage disposal system, including clogged drains; 16. any damage caused by condensation and/or dampness in the first year Home, resulting from Purchaser’s failure to properly maintain ventilation throughout the Home; 17. warranted Defect(s) that are repaired by Purchaser without prior authorization from Bridgewater; 18. any Defect(s) caused by, contributed to, or aggravated by moisture, wet or dry rot, mold, mildew, condensation, fungus or rust, and failure to prevent or mitigate the same; 19. any requests for warranty submitted to Bridgewater after an unreasonable delay or later than 30 days after the Termination of contract is not covered and will be excluded from present and future repair and/or replacement. Any product or part damaged or rusted due to water leaks and/or water intrusion is not covered. PROCESSING FEES: Customer agrees to pay for code upgrades, modifications, permits, permit processing fees, refundable inspection fees, warranty processing fees, handling fees, installation fees, shipping fees, (pick-up & delivery fees) and shop repair fees required by ECM. TRANSFER: No transfer of contract or equipment to or from another location is permitted, such action will void contract. 0nly a contract paid in full may be may be transferred/assigned pending approval from ECM (required in writing) pending approval from ECM. Contract holder shall submit a copy of the HUD statement and a signed letter requesting the transfer. Failure to do so will void contractthis Warranty.