Mainsail Solutions, Inc. Limited Warranty · Mainsail Solutions shall have the option to repair, replace or pay you the reasonable cost of repair and/or replacement of any covered

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Mainsail Solutions, Inc. Limited Warranty


Congratulations on your purchase of a Green Key Village home! You are now the proud owner of a home designed and engineered to be ahead of its time…a high performance, healthy, net zero energy home. Many professionals have collaborated on the construction of your new home; from placement on the home site, to what’s behind the walls, down to each plumbing and electrical fixture. It is our desire that you will spend many years enjoying the fruit of our labor in a home providing you with safety, comfort, and affordability. The following pages contain your home’s Limited Warranty and Construction Performance Standards. We hope you will take time to review these items and speak with us regarding any questions and/or concerns you may have.


How to Contact Us With a

Warranty Request

Mainsail Solutions, Inc. Gregory O. Thomas, Owner/Builder

Exclusive Builder for Green Key Village, LLC

Physical Address 341 Conch Key Lane Lady Lake, FL 32159

Mailing Address Post Office Box 939

Fruitland Park, FL 34731

Telephone: 325.314.0126 Email: [email protected]

July 29, 2014

mailto:[email protected]



INDEX

Introduction ------------------------------------------------------- Page 1 One-Year Coverage Two-Year Coverage Ten-Year Coverage

Builder’s Responsibilities -------------------------------------- Page 2

Limitation of Liability ------------------------------------------ Page 2

Warranty Exclusions -------------------------------------------- Page 3

Warranty Reporting Procedures ------------------------------- Page 4 60-Day Report11- Month ReportOne-Time Repairs

What to do In an Emergency ----------------------------------- Page 5

Other Warranty Service ---------------------------------------- - Page 5

Warranty Processing Procedures ------------------------------ Page 5

Dispute Resolution ---------------------------------------------- Page 7

General Conditions --------------------------------------------- Page 7


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INTRODUCTION While we strive to build a defect-free home, we are realistic enough to know that, with repeated use, an item in the home may fail to perform as it should. When this occurs, we will make necessary corrections so the item meets our warranty guidelines. In support of this commitment, Mainsail Solutions, Inc. provides you with a Limited Warranty. Corrective Actions In addition to the information contained in the Limited Warranty, the National Home Builder’s Association Residential Construction Performance Guidelines, 4th Edition includes details about the criteria we will use to evaluate concerns you report. The purpose is to let you know what our warranty commitment is for the typical concerns that can come up in a new home. The guidelines describe the corrective action we will take in many common situations. We Sometimes Break Our Own Rules–In Your Favor Our criteria for qualifying warranty repairs are based on typical industry practices as set forth in the National Home Builder’s Association Residential Construction Performance Guidelines, 4th Edition. Since our goal is to build a high performance, quality home, we not only meet, but often exceed those practices. Please note that we reserve the right, at our discretion, to exceed these guidelines if common sense or individual circumstances make that appropriate, without being obligated to exceed all guidelines to a similar degree. We Sometimes Say No With a product as complex as a home, different viewpoints regarding which tasks are homeowner maintenance responsibilities and which are Mainsail Solutions’ warranty responsibilities are possible. If you request warranty service on a maintenance item, we will explain to you the steps you should take to care for the item. We are available to answer your home-care questions during and after your warranty period. Providing normal maintenance for your home is your job.

Warranty Specimen Provided for Your Review You will receive the Limited Warranty document at your Home Delivery Closing. We provide a specimen copy for your review at the time you sign your Purchase Agreement. Please read through this information, as well as the service procedures and guidelines discussed on the following pages. If you have any questions, please contact our construction office. The following pages form the entire Limited Warranty Agreement. Please read these pages carefully and completely to understand the coverage, exclusions and limitations of our Limited Warranty. This is not an insurance policy, nor a maintenance agreement, but a definition of what the Homeowner has a right to expect in terms of warranties. This Limited Warranty is provided to the original purchaser of the home and to all subsequent owners who take title within the Warranty period and use the home for their residence only. One-Year Coverage Workmanship and Materials – Commencing with the closing date of your home with Green Key Village, Mainsail Solutions warrants your home will be free from defects in workmanship and materials as such defects are defined in the NAHB Residential Construction Performance Guidelines, 4th Edition. The Workmanship and Materials Warranty ends one (1) year from the date of the Home Delivery Closing of your home. Two-Year Coverage Electrical, Plumbing and Mechanical Systems – Commencing on the closing date of your home with Green Key Village, Mainsail Solutions warrants your home will be free from defects in the electrical, plumbing and mechanical systems of your home as such defect is defined in the NAHB Residential Construction Performance Guidelines, 4th Edition, including the wiring, piping and ductwork portions of the Systems. The Systems Warranty ends two (2) years from the date of the Home Delivery Closing of your home. Ten-Year Coverage Major Structural Defect - Mainsail Solutions warrants that construction of your home will


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conform to the performance standards for Structural Elements set forth in the NAHB Residential Construction Performance Guidelines, 4th Edition, for a period of ten (10) years after the closing date, subject to the limitations set forth below. Structural Elements are footings, bearing walls, beams, girders, trusses, rafters, bearing columns, lintels, posts, structural fasteners, subfloors, and roof sheathing. Floating slabs and partition walls that do not carry any load other than their own weight are not Structural Elements. A Structural Element will not be deemed defective, and no action will be required of the Builder, unless there is actual physical damage that diminishes the ability of the Structural Element to perform its load-bearing function such that the home is unsafe.

YOUR BUILDER’S RESPONSIBILITIES Mainsail Solutions warrants that all construction related to your home substantially conforms to the plans and specifications and change orders for this job, meets all state and local building codes, and the performance standards set forth in the NAHB Residential Construction Performance Guidelines, 4th Edition. The obligations under this Limited Warranty are the sole responsibility of Mainsail Solutions, Inc.

If a defect occurs on an item during the applicable part of the warranty period and the item is covered by the Workmanship, Materials or Systems Warranty, Mainsail Solutions will repair or replace the defective item. The repair shall bring the defective item in compliance with the applicable performance standards.

In the case of defects in Structural Elements, the Builder will repair or replace the Structural Element to restore the load-bearing function, as designed, and make such other repairs as are necessary to return the home to a safe status. The repair of a defect will include the correction, replacement, or refinishing of only those surfaces, finishes, and coverings that were damaged by the defect and that were a part of the home when the title was first transferred by Green Key Village. Mainsail Solutions will repair or replace surfaces, finishes, and coverings that require removal in order for the Builder to repair or replace a defect. The extent of the repair or replacement of these surfaces, finishes, and coverings will be to approximately the

same condition they were in prior to the defect, but not necessarily to a “like new” condition. Mainsail Solutions shall have the option to repair, replace or pay you the reasonable cost of repair and/or replacement of any covered defect. The choice to repair, replace or pay you for any defective item is solely that of the Builder.

In no event shall Mainsail Solutions be liable for discontinued items, changes in dye lots, colors or patterns, or items not included in the original construction.

No repair or replacement shall extend the warranty period or any applicable part thereof.

LIMITATION OF LIABILITY It is understood and agreed that Mainsail Solutions’ liability, whether in contract, tort, statute, negligence, or otherwise, is limited to the remedy provided in this Limited Warranty. The Builder’s obligations under this Limited Warranty, and under the Purchase Agreement are limited to repair and replacement. Under no circumstances shall the Builder be liable for any special, indirect, or consequential damages, including without limitation any damages based on a claimed decrease in the value of the home. This Limited Warranty is the only warranty applicable to this purchase. To the extent permitted by law, all other warranties, expressed or implied, including, but not limited to, all implied warranties of fitness, merchantability, or habitability, are disclaimed and excluded.

The benefits included in this Limited Warranty are only available when service is requested according to the procedures established by the Builder and included in your warranty material. In addition, the homeowner’s failure to reasonably provide access to the home during normal working hours for making repairs will relieve the Builder from its obligations under this Warranty.

The total liability of the Builder under this Warranty is limited to, and shall not exceed, the lesser of the following:

• The contract price of the home;• The reasonable cost of that part of the

home damaged for like construction anduse on the same premises;


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• The necessary amount to repair orreplace the portion of the buildingdamaged by a Structural Elementdefect, less all amounts paid by, or onbehalf of, the Builder or the Insurerunder this Limited Warranty.

The Builder reserves the right to use its judgment in determining the most appropriate method of repairing warranty defects. The Builder’s offer to resolve an issue for which it bears no responsibility under this Limited Warranty does not create the responsibility to provide the resolution in another situation for which it bears no responsibility.

When the Builder finishes repairing or replacing, or pays the Homeowner the actual cost for repairing or replacing a claim under this Limited Warranty, the Homeowner must execute a full and unconditional release of all Builders’ obligations with respect to the claim. The Builder shall be subrogated to all the Homeowner’s rights including, but not limited to, assignment of the proceeds of any other insurance or warranties to the Builder. The Homeowner shall do nothing to prejudice such rights of subrogation.

Kitchen Appliance Warranties The manufacturers of kitchen appliances have asked to work directly with Homeowners if any repairs are needed for their products. Be prepared to provide the model and serial number of the item and the closing date on your home. For your convenience, you will find information regarding your appliances in the Design Specification Sheet specific to your home.

Appliance warranties are generally for one year; refer to the literature provided by the manufacturer for complete information. Remember to mail in any registration cards you receive with manufacturer materials. Being in the manufacturer's system assures that in the event of a recall the company can contact you and arrange to provide the needed correction.

WARRANTY EXCLUSIONS The home is warranted as constructed by the Builder. The following exclusions from warranty coverage apply to any and all warranties issued by Mainsail Solutions:

Deficiency or defects to any property, or part of the property, that was not included in the original closing contract price between Green Key Village and the original homeowner;

Changes, alterations, or additions made to the home by anyone other than the Builder or its agents or subcontractors after the Limited Warranty Commencement date;

Any defect caused by, or resulting from, materials or work supplied by someone other than the Builder or its agents or subcontractors;

Any damage caused or made worse by inadequate, excessive or uneven watering of soils within close proximity of foundations in areas with active soil;

Any damage caused by soil movement, including subsidence, expansion, or lateral movement of the soil (excluding flood and earthquake), which is covered by any other insurance or for which compensation is granted by state or federal legislation;

Loss or damage caused directly or indirectly by flood, wind-driven water, surface water, overflow of a body of water, water which backs up from sewers or drains; changes in the water table which were not reasonably foreseeable at the time of construction, or water below the surface of the ground (including water which exerts pressure on, or seeps or leaks through, a building, sidewalk, driveway, foundation, or other structure); wetlands, springs, or aquifers;

Changes of the grading of the site by anyone other than the Builder originally building the home or their employees, agents, or subcontractors;

Deficiency or defects caused or made worse by owners, occupants, or guests;

Any deficiencies or defects in workmanship, materials or structural portions normally covered by another warranty or insurance policy whether or not paid by such warranty or insurance policy;

Deficiency or defects resulting from accidents, war, or Acts of God; including but not limited to fire, explosion, smoke, water escape, windstorm, erosion, hail, lightning, hurricanes, aircraft, vehicles, flood, earthquakes, sink holes,


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underground springs, saturated soils or change in the level of the underground water table;

Loss or damage to the home, persons, or property directly or indirectly caused by termites, other insects, birds, vermin, rodents, or other wild or domestic animals;

Dampness or condensation due to your failure to maintain adequate ventilation;

Loss or damage caused by failure to maintain proper temperatures (heating and cooling) within the home;

Any loss, damages or other condition which is not a deficiency or defect of construction;

Loss or damage caused by or resulting from, abnormal loading of Structural Elements by the Homeowner, which exceeds design loads as mandated by codes;

Consequential Damage: Any property damage or bodily injury which follows as a result of structural damage, or other defects covered under this warranty including defects in plumbing, electrical, heating and cooling;

Normal wear and tear or normal deterioration;

Any loss or damage which may arise while the home is not being used primarily for residential purposes;

Failure by you to give notice to the Builder of any deficiencies or defects within a reasonable time or as specified in this warranty;

Negligence and/or improper maintenance or improper operation of items warranted under this warranty;

Failure of you or anyone to comply with the warranty and/or maintenance requirements of manufacturers of appliances, equipment or fixtures;

Any loss or damage which you have not taken reasonable timely actions to minimize;

Any alleged deficiency or defect for which there is no evidence of deficiency or defects at the time of the claims investigation; or which has been repaired prior to the claim unless such

deficiency or defect meets the criteria under this warranty to be an emergency repair.

Any condition which does not result in actual physical damage to the covered home, including, but not limited to, uninhabitability or health risk due to the presence or consequence of radon gas, mold, formaldehyde, or other pollutants and contaminants; or the presence of hazardous or toxic materials.

WARRANTY REPORTING PROCEDURES Providing warranty service for a new home is more complicated than for other products. When you purchase your home, you actually purchase hundreds of items and the work of 35 to 50 independent trade contractors. With so many details and people involved, a planned system is essential.

Our warranty service system is designed based on your written report of nonemergency items. This provides you with the maximum protection and allows us to operate efficiently, thereby providing faster service to all Homeowners. Emergency reports are the only service requests we accept by phone. Please put all nonemergency service requests in writing.

You are welcome to mail, e-mail, or drop off your list in person at our construction office. Keep a copy for your records. This written system permits Mainsail Solutions’ personnel to focus their time producing results for you and following up.

We plan two standard warranty contacts with you. The first is 60 days after your closing and the second is at 11 months after closing. We also have emergency response procedures and have provided for miscellaneous warranty requests between the standard 60-day and 11-month reports. Service for your appliances is handled differently and is described in detail on Page 3.

60-Day ReportFor your convenience and in order for ourservice program to operate at maximumefficiency, we suggest that you wait 60 daysbefore submitting a warranty list. This allowsyou sufficient time to become settled in yournew home and to use most componentsrepeatedly. As you notice items, jot them downon the service request form attached.


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11-Month ReportNear the end of the eleventh month of yourWorkmanship and Materials warranty, youshould submit a year-end report if you have anyitems to report. We will also be happy to discussany maintenance questions you may have at thattime. Again, keep notations of items on a servicerequest form. This is also the best time for you torequest the "one-time" repairs we offer onseveral components such as drywall.

One-Time Repairs We provide several first-time or one-time repairs for your home. The Residential Construction Performance Guidelines lists these under individual headings such as drywall and grout.

We provide this service as a courtesy and to give you an opportunity to observe methods and materials needed for ongoing maintenance of your home.

Mainsail Solutions will provide one “one-time” repair request during the Workmanship and Materials warranty period.

WHAT TO DO IN AN EMERGENCY An Emergency Condition is one you cannot control that seriously affects your ability to live in the home or a condition that if not rectified will result in significant damage to the home. While emergency warranty situations are rare, when they occur, prompt response is essential.

Notify Mainsail Solutions immediately in order that further damages can be mitigated. Emergency Conditions may be reported by telephone but must be followed by a written statement delivered to the Builder.

Begin by checking items you can check. Often appropriate action by you can mitigate the situation until a technician arrives. You should take immediate action if circumstances dictate the need, but you agree that only those repairs necessary to eliminate the Emergency Condition or mitigate further damage shall be performed. You agree that any and all repairs performed beyond such measure will not be the responsibility of Mainsail Solutions unless you first obtain the permission of Mainsail Solutions.

OTHER WARRANTY SERVICE If you wish to initiate nonemergency warranty service between the standard 60-day and 11-month report, you are welcome to do so by sending in a service request form or simply by writing a letter that includes your name, address, phone numbers, and a list of your concerns.

Homeowners who want to arrange 60-day or 11-month warranty visits receive priority scheduling. We schedule appointments for miscellaneous requests on a first come, first served basis between the standard appointments.

As a result, service on miscellaneous requests may take a bit longer to address.

WARRANTY PROCESSING PROCEDURES When we receive a warranty service request, we may contact you for an inspection appointment. We inspect the items listed in your written request to confirm warranty coverage and determine appropriate action. Generally, reported items fall into one of three categories:

Trade contractor item In-house item Home maintenance item

If a trade contractor or an in-house employee is required to perform repairs, we issue a warranty work order describing the situation to be addressed. If the item is home maintenance, we will review the maintenance steps with you and offer whatever informational assistance we can. Occasionally the inspection step is unnecessary. In that case, we issue the needed work order.

Help Us to Serve You We can provide service faster and more accurately if we have all the necessary information. With your warranty request, please include:

Your name, address, email address, and the phone numbers where you can be reached during business hours.

A complete description of the problem, for example, "guest bath—cold water line leaks under sink," rather than "plumbing problem."

Information about your availability or the best days or times to reach you. For


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instance, if calling you at work is acceptable, let us know. Otherwise, we will use your home phone number. If you are usually home on Thursday, mention that.

Access to Your Home Mainsail Solutions conducts inspections of interior warranty items only when an adult is available to accompany our representative and point out the items you have listed. Both our in-house employee and those of our trade contractors will likewise perform repairs only when an adult is available to admit them to your home. An adult is a person 18 or older who has your authorization to admit service personnel and sign completed work orders.

We do not accept keys, nor will we permit our trade contractors to accept your key and work in your home without an adult present. While we recognize that this means processing warranty service items may take longer, we believe your peace of mind and security should be our first concern.

Exterior Items Exterior items can usually be inspected and repaired without an adult present, provided access is available (for instance, no locked gate). However, we will contact you the day prior to any visit and let you know we will have someone on your property. If you prefer to meet with us and discuss the item(s) in question, we are happy to arrange an appointment to do that.

Repair Appointments Depending on the work needed, at the conclusion of the inspection appointment, the warranty manager will most likely ask you to designate a work date-—a date a minimum of 10 days from the inspection date—for approved repairs to be made. This 10-day time frame allows us to notify appropriate trades people and arrange for most repairs to occur on the same day.

Although on occasion work must occur in sequence and more than one work date might be needed, this system works well in the majority of situations. Once work date appointments are set, we confirm them the day before and our warranty manager follows up to confirm repairs are completed.

Pets Mainsail Solutions, Inc. respects the pets that many Homeowners count as members of their households. To prevent the possibility of an animal getting injured or lost, or giving in to its natural curiosity about tools and materials used for repairs, we ask that you restrict all animals to a comfortable location during any warranty visit, whether for inspection or warranty work. This policy is also for the protection of our employees and trades personnel. We have instructed trades personnel to reschedule the appointment if pets have access to the work area.

Your Belongings In all work that we perform for our Homeowners we are concerned that their personal belongings be protected. When warranty work is needed in your home, we ask that you remove vulnerable items or items that might make performing the repair difficult. Mainsail Solutions and trade personnel will reschedule the repair appointment rather than risk damaging your belongings.

Surfaces We expect all personnel who work in your home to arrive with appropriate materials to cover the work area, protecting it from damage and catching the dust or scraps from the work being performed. Similarly, all personnel should clean up the work area, removing whatever excess materials they brought in.

Repair personnel will routinely check the work area for any existing damage to surfaces. They will document any scratches, chips, or other cosmetic damage prior to beginning repairs to avoid any later disagreement about how and when such damage occurred.

Signatures on Work Orders Signing a work order acknowledges that a technician worked in your home on the date shown and with regard to the items listed. It does not negate any of your rights under the warranty nor does it release us from any confirmed warranty obligation. If you prefer not to sign the work order, the technician will note that, sign the work order and return it to us for our records.

Completion Time We intend to complete warranty work orders within 15 work days of the inspection unless you


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are unavailable for access. If a back-ordered part or similar circumstance causes a delay, we will let you know. Likewise, when weather conditions prevent the timely completion of exterior items, we track those items and follow up to ensure that they are addressed when conditions are right. This can mean a wait of several months.

Missed Appointments We strive to keep Homeowners informed and to protect them from inconvenience. One of our challenges in this regard is when unexpected events sometimes result in missed appointments. If a Mainsail Solutions employee or a trade person will be late, he or she should contact you as soon as the delay is recognized, offering you a choice of a later time the same day or a completely different appointment. If you must miss an appointment, we appreciate being alerted as soon as you realize your schedule has changed. We can put work orders on "hold" for 10 to 30 days and re-activate them when your schedule offers a better opportunity to arrange access to the home.

DISPUTE RESOLUTON: MEDIATION AND ARBITRATION You and Mainsail Solutions, hereby agree that any dispute, controversy, claim or matters in question regarding the Limited Warranty Agreement between Builder, you, your successors in interest arising out of or relating to this Warranty including without limitation, a claim of subrogation, negligent or intentional misrepresentation or nondisclosure in the inducement, and breach of any alleged duty of good faith and fair dealing (herein referred to collectively as a “Dispute”), shall be submitted to Mediation where the parties will endeavor to resolve the Dispute in an amicable manner.

The mediator’s compensation fee, administrative fee and all expenses charged by the mediator and/or the mediation service shall be borne equally by the mediating parties. Each party shall pay their own attorney fees and expenses.

Additional fees may be assessed in accordance with the mediation company rules and fees.

In the event any Dispute cannot be resolved by Mediation, you and Mainsail Solutions hereby agree that the matter shall be submitted to binding arbitration under the Florida Arbitration

Code and the Construction Industry Arbitration Rules of the American Arbitration Association.

You and Mainsail Solutions agree that they shall use arbitration and the other provisions of said Code as the only remedies and avenues of redress and agree to abide by and comply with the results of said arbitration. Submission to arbitration shall be a condition precedent to the bringing of any legal action under this Warranty. If there is a prevailing party in the arbitration and/or any litigation relating to this Warranty, said prevailing party shall be entitled to recover all costs from the other party, including a reasonable attorney’s fee.

If the dispute involves a matter of degree or amount of quantity so that resolution cannot be said to be completely in favor of one party or the other, then the arbitrator shall fix the amounts of the costs and fees to be borne or paid by each side.

GENERAL CONDITIONS Assignment of Insurance Proceeds – In the event Mainsail Solutions repairs or replaces, or pays the cost of any defect covered by the Warranty for which you are covered by other insurance or warranties, You must, upon request by Mainsail Solutions, assign the proceeds of such repair, replacement, payment and/or the right to pursue recovery for such payment to your Builder. This assignment includes but is not limited to your Homeowners insurance carrier, product manufacturer or any other entity or individual.

Exclusive Remedy Agreement – Except as provided herein, you have waived the right to seek damages or other legal or equitable remedies from Mainsail Solutions, its principles, his subcontractors, agents, vendors suppliers, workers, material men, and/or design professional under any and all causes of action whether statutory or at common law, including but not limited to negligence and/or strict liability. The agreement contained herein shall be enforceable to the fullest extent permissible by the law of the State of Florida and shall apply to any claim thereafter made against the Builder or any other person. Your sole remedy, in the event of a defect in your home or in the real property upon which it is situated, is as prescribed in the terms and conditions of this


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Warranty issued on your home. Nothing in this paragraph shall effect or be applicable to any other express written warranty you may have received from any single vendor or manufacturer who has supplied any appliance or component for the home.

Waiver of Implied Warranties – (Habitability, Merchantability, Fitness for a Particular Purpose and/or Good and Workmanlike Construction) – by receiving, accepting and/or agreeing to Mainsail Solutions Express Limited Warranty including but not limited to the terms and conditions contained herein, You hereby waive any and all other express or implied warranties, including but not limited to any oral or written representations or statements made by Mainsail Solutions or any other implied warranty including but not limited to warranties of habitability, merchantability, fitness for a particular purpose and/or good and workmanlike construction.

Gregory O. Thomas, President Mainsail Solutions, Inc.

Documents

Mainsail Solutions, Inc. Limited Warranty · Mainsail Solutions shall have the option to repair, replace or pay you the reasonable cost of repair and/or replacement of any covered