Limited Transferable Warranty

Warranty Terms

1. Purpose and relationship to the project documents

This Limited Transferable Warranty (the Warranty) explains the warranty service HomeCloud provides for covered construction, repair, and renovation work listed on the Warranty Certificate and completed under the applicable proposal, estimate, contract, change order, and closeout documents (collectively, the Project Documents).

Coverage applies only to the specific HomeCloud work described in the Project Documents. It does not convert an existing home, system, appliance, fixture, or assembly into a fully warranted item.

The Certificate is a summary. These Terms control if the Certificate and these Terms conflict.

Nothing in this Warranty limits non-waivable rights that a homeowner may have under applicable law.

2. Warranty term

The warranty term is one year from the Warranty Start Date shown on the Certificate, unless a different written term is stated in the Project Documents.

Claims must be submitted within the warranty term and reasonably promptly after the homeowner discovers the issue.

Repair or replacement performed under this Warranty does not restart or extend the original one-year term unless HomeCloud says so in writing.

3. What HomeCloud covers

During the warranty term, HomeCloud will correct a Covered Defect in HomeCloud's work. A Covered Defect means a material failure of covered work to substantially conform to the Project Documents, applicable workmanship standards, and ordinary construction tolerances, when caused by HomeCloud's workmanship or by covered HomeCloud-installed materials, parts, or labor.

Covered work includes work performed by HomeCloud and work performed by subcontractors under HomeCloud's project scope, unless the Project Documents say otherwise.

HomeCloud may repair, replace, adjust, or otherwise correct covered work using a reasonable method selected by HomeCloud.

Color, sheen, texture, grain, batch, pattern, or material availability may vary. HomeCloud will make commercially reasonable efforts to match repairs, but exact matches are not guaranteed.

For small repair projects, coverage applies only to the specific repaired or installed item and the immediate work area, not to unrelated or pre-existing conditions.

4. Third-party warranties

Manufacturer, supplier, product, specialty trade, and subcontractor warranties may provide different or longer coverage than this Warranty.

To the extent assignable, HomeCloud passes through those third-party warranties to the homeowner. HomeCloud will provide available documentation in the closeout packet or portal when reasonably available.

Product defects, recalls, appliance failures, fixture failures, equipment failures, and manufacturer-covered items are handled under the applicable third-party warranty unless the issue was caused by HomeCloud's installation or workmanship.

HomeCloud may assist with a third-party warranty claim, but HomeCloud is not the manufacturer, supplier, or insurer of third-party products unless expressly stated in writing.

5. What is not covered

This Warranty does not cover any of the following, except to the extent coverage is required by applicable law or expressly stated in the Project Documents:

• Normal wear and tear, ordinary aging, seasonal movement, normal settlement, expansion, contraction, shrinkage, minor cosmetic cracking, or normal material behavior.
• Damage or failure caused by misuse, abuse, neglect, accident, impact, overloading, improper operation, improper storage, or failure to perform routine maintenance.
• Damage caused by water intrusion, freezing, humidity, condensation, mold, mildew, pests, insects, animals, vegetation, soil movement, drainage changes, grading changes, irrigation, landscaping, weather, storms, floods, fire, acts of God, utility failures, or other events outside HomeCloud's control.
• Work, repairs, modifications, adjustments, additions, maintenance, or attempted corrections performed by the homeowner or a third party after HomeCloud's completion, unless HomeCloud authorized the work in writing.
• Owner-supplied materials, fixtures, appliances, equipment, or products, except for HomeCloud's installation workmanship if the product was suitable for installation and installed by HomeCloud.
• Pre-existing conditions, latent conditions, concealed defects, code violations, structural issues, design issues, environmental conditions, or failures in existing systems not created by HomeCloud's covered work.
• Changes in law, code, permitting requirements, manufacturer instructions, or industry standards after completion.
• Consequential, incidental, indirect, punitive, or special damages, including loss of use, lodging, moving, storage, lost profits, personal property damage, delay damages, or emotional distress, to the maximum extent permitted by law.
• Any item not listed in the Project Documents or not within HomeCloud's completed scope of work.

6. Homeowner maintenance responsibilities

Construction warranties work only when the home is maintained. The homeowner is responsible for reasonable care, routine maintenance, and prompt reporting of suspected warranty issues.

• Maintain caulk, grout, sealants, paint, stain, filters, drains, gutters, downspouts, grading, drainage, ventilation, and humidity control.
• Follow manufacturer instructions for appliances, fixtures, equipment, surfaces, finishes, doors, windows, HVAC components, plumbing fixtures, electrical devices, and specialty products.
• Prevent water accumulation, standing water, clogged drains, high indoor humidity, freezing, pests, and other conditions that can damage building materials.
• Do not make or authorize repairs, alterations, or modifications to covered work before HomeCloud has a reasonable opportunity to inspect, except for emergency mitigation needed to protect life, health, or property.
• Keep receipts, maintenance records, product manuals, photos, and manufacturer warranty documents.

7. How to request warranty service

To request warranty service, the homeowner should submit a written request through the MyHomeCloud portal or the warranty contact listed on the Certificate. The request should include:

• Property address and project ID.
• Homeowner name, phone, and email.
• Description of the issue and when it was first noticed.
• Photos, videos, and any relevant manufacturer or subcontractor documents.
• Preferred availability for inspection during normal business hours.

HomeCloud may inspect the issue, request more information, determine whether the issue is covered, and schedule warranty work if covered. If the issue is not covered, HomeCloud may explain the reason and may offer a paid repair estimate.

8. Emergency conditions

For emergency conditions involving active water intrusion, electrical hazard, gas smell, structural danger, fire, injury risk, or imminent property damage, the homeowner should first take reasonable steps to protect people and property, including contacting emergency services or the appropriate utility provider when needed.

The homeowner should photograph or video the condition before emergency mitigation when safe to do so, keep receipts and records, and notify HomeCloud as soon as practical.

Emergency mitigation by others does not automatically void this Warranty, but HomeCloud is not responsible for damage, cost, or work outside covered warranty obligations.

9. Transferability

This Warranty follows the property and is transferable to a subsequent homeowner for the remaining portion of the original warranty term.

Transfer does not extend or restart the warranty term and does not expand the scope of coverage.

To help HomeCloud update records, the seller or buyer should submit the new owner's name, email, phone, closing date, and property address through the MyHomeCloud portal or warranty contact after the sale.

10. Remedy and limitation of remedy

For a Covered Defect, the homeowner's remedy under this Warranty is correction of the covered work by repair, replacement, adjustment, or another reasonable method selected by HomeCloud.

HomeCloud's warranty obligation is limited to the reasonable cost of correcting the Covered Defect in the specific covered work. HomeCloud does not provide a new-project warranty, whole-home warranty, maintenance plan, or insurance product through this Warranty.

This Warranty does not cover costs to access or restore areas outside the covered work unless such access and restoration are required to correct a Covered Defect and are approved by HomeCloud in writing.

No employee, subcontractor, salesperson, agent, or representative may change this Warranty unless the change is in a written document signed by an authorized HomeCloud representative.

11. Dispute handling

HomeCloud should align any dispute-resolution process in this Warranty with the signed Project Documents and applicable law.

Before a dispute is escalated, the homeowner and HomeCloud should use good-faith written notice, inspection, and a reasonable opportunity to correct any covered issue.

Any mediation, arbitration, venue, waiver, limitation, or fee-shifting provision should be reviewed by counsel before inclusion in a consumer-facing warranty packet.

12. Project-specific notes and exceptions

Use this section at closeout to list items that are excluded, carry separate warranties, involve owner-supplied materials, involve existing conditions, or require special maintenance.

Homeowner Maintenance Checklist

Use this checklist as a practical maintenance guide. Actual maintenance requirements may vary by product, manufacturer, home condition, and climate.

Common Warranty Examples

These examples are not exhaustive. HomeCloud's actual determination depends on the Project Documents, the condition observed, the cause, product documentation, and applicable law.