HARDSCAPE
WARRANTY
All
hardscape installed pursuant to the terms of this Agreement shall be
free
from defects in material and workmanship and shall be structurally sound for a
period
of
one (1) year from the date such hardscape is installed, three (3) years in the
case of
retaining
walls. Additionally, verandas,
entries and patios shall be properly pitched so that
they
drain away from the house and do not puddle.
As used herein, the term “hardscape”
shall
mean any and all walks, patios, concrete, retaining walls, fences, stone work,
flat work,
brick
work, decks, wrought iron work, gates, fire pits, fireplaces, barbeques,
woodwork,
shade
structures, gazebos and any and all other structures and/or flat work installed
by
Modern
West, Inc. pursuant to this Agreement. The
terms of this guaranty specifically
exclude
hairline cracks, shrinkage, joint separation and slight readjustments to any
hardscape
that is normally incident to such structures.
As used in this subsection (b), the
phrase
“free from defects in material and workmanship and remain structurally
sound” shall
mean
that the particular hardscape is capable of performing its intended function.