The Warranty Clauses form, to have and to hold, subject to the terms, exceptions, and other provisions set out in this Assignment, the “assets” unto assignee, its successors and assigns, forever, however the assignments and conveyances made by this assignment are made without warranty.
Montana Warranty Clauses
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US-OG-489
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FAQ
It is equivalent to the contractor warranting that no defects or deficiencies will develop in its construction work for a period of a year, combined with a promise to return to the jobsite to repair or replace any work which is found to be defective or deficient before the expiration of the one year period.
Workmanship, Materials and Mechanical Systems are covered for 1 year. Structural Coverage on Designated Structural Elements is provided for 10 years. Pricing based on low flat rates per home. Builder liability in the Montana CSW program is limited to 1 year only.
30-2-314. Implied warranty -- merchantability -- usage of trade. (1) Unless excluded or modified (30-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.
28-2-2201. Residential construction contracts -- disclosure and warranty requirements. (1) For the purposes of this section, "residential construction contract" means a contract between a general contractor and an owner for the construction of a new residence.
§ 27-2-208 acts as an absolute bar to all claims for damages to real property resulting from design, planning, or other construction brought more than 10 years later. Hill Cty. High Sch., 2017 MT 20, ¶ 12, 390 P. 3d at 605.
The Basic Concepts: A warranty is a legally binding commitment forming part of the sales contract which assures the buyer that the product or service is free from defects. A warranty often provides for a specific remedy such as repair or replacement in the event the article or service fails to meet the warranty.
Most contractors are familiar with the ?one-year warranty,? assuming that they are not liable for workmanship defects after one year.