Common use of Deviations Clause in Contracts

Deviations. It is understood and agreed that Seller is not building the Project or the Residence to the precise specifications or designs of any model residence, marketing display, Seller’s marketing materials or to the specifications of Purchaser. Any model residence, marketing display or Seller’s marketing or other materials are displayed for illustrative purposes only and shall not constitute an agreement or commitment on the part of Seller to deliver the Residence in exact accordance with any such model residence, marketing display, Seller’s marketing or other materials or to the specifications of Purchaser. Purchaser understands that the Residence may be the reverse or mirror image of the floor plan of any model that is shown on the Plans and Specifications, Seller’s sales brochures or other materials. Furthermore, Purchaser understands and acknowledges that the Residence may contain conditions, or undergo changes, which during the ordinary course of construction, may result in minor deviation from the Plans and Specifications, and may also result in cosmetic or structural changes from the originally intended manner of construction. Such conditions may result from the type of materials used or available, the process and procedures used for construction of the Project, and may include, without limitation, conditions such as: (i) variations in the texture and thickness of stucco or other textured or smooth finishing, including cracks in such materials; (ii) settlement cracks in drywall, concrete, stucco, flatwork and block walls; (iii) twisting and warping of materials, including without limitation, wood and plastics, which can result in cracks, bulges and other types of imperfections; (iv) deviations in color, grain and texture that may occur in wood products, concrete, tile, granite, stone and other finish materials; (v) shrinkage, swelling, expansion or settlement of construction materials; and (vi) conditions resulting from normal wear, tear or deterioration.

Deviations. It is understood and agreed that Seller is not building the Project or the Residence Unit to the precise specifications or designs of any model residence, marketing display, Seller’s marketing materials or to the specifications of Purchaser. Any model residence, marketing display or Seller’s marketing or other materials are displayed for illustrative purposes only and shall not constitute an agreement or commitment on the part of Seller to deliver the Residence Unit in exact accordance with any such model residence, marketing display, Seller’s marketing or other materials or to the specifications of Purchaser. Purchaser understands that the Residence Unit may be the reverse or mirror image of the floor plan of any model that is shown on the Plans and Specifications, Seller’s sales brochures or other materials. Furthermore, Purchaser understands and acknowledges that the Residence Unit may contain conditions, or undergo changes, which during the ordinary course of construction, may result in minor deviation from the Plans and Specifications, and may also result in cosmetic or structural changes from the originally intended manner of construction. Such conditions may result from the type of materials used or available, the process and procedures used for construction of the Project, and may include, without limitation, conditions such as: (i) variations in the texture and or thickness of stucco or other textured or smooth finishing, including cracks in such materials; (ii) settlement cracks in drywall, concrete, stucco, flatwork flatwork, block walls and block wallstile; (iii) twisting and warping of materials, including without limitation, wood and plastics, which can result in cracks, bulges and other types of imperfections; (iv) deviations in color, grain and texture that may occur in wood products, concrete, tile, granite, stone and other finish materials; (v) shrinkage, swelling, expansion or settlement of construction materials; and (vi) conditions resulting from normal wear, tear or deterioration.