TUCKER
CONSTRUCTION'S RESPONSE TO CUSTOMER'S COMPLAINT # [redacted];
UI",sans-serif;
mso-fareast-font-family:"Times New Roman"">
Customer’s
Statement of the Problem:
I
bought my home which was built by Jeff Tucker construction on 29 July 2015. As
part of the sale we received a one year builder's warranty. As per the warranty
it states that repairs should be sent in writing as soon as they are noticed.
He then has 60 to 90 days to repair the item or items. On 8 January 2016 I
notified him of a squeaky board at the top landing of my home. The following
day him and his crew arrived to look at it and said they hold be back soon with
a tool to fix it. It is now 8 April 2016 and I have yet to see him. Earlier
this week I sent another email to ask him for a date and time for the repair to
take place. Still nothing.
____________________________________________
PLEASE
PAY PARTICULAR ATTENTION TO SECTION 3 AS IT DEFINES THE PROCEDURE
FOR WARRANTY PERFORMANCE.
SECTION
3 – PROCEDURE FOR WARRANTY PERFORMANCE
Break-in: The Home will require “breaking-in” by the
Owner. Although the Builder has continuing obligations under this warranty, the
Owner must care for the Home, and maintenance is not the Builder’s
responsibility.
Request
for Warranty Performance: Any request for warranty
performance must be IN WRITING and must ACTUALLY BE DELEVERED to the Builder at
the address stated on this document with-in fifteen (15) days of the end of the
ONE YEAR term of the limited warranty. Builder shall not be responsible for any
problems whatsoever for which it has not actually received timely, written
notice.
Defects
in the First Sixty Days: Defects appearing within
the first sixty (60) days after the Commencement Date should be included in one
(1) written request delivered to the Builder not later than seventy (70) days
after the Commencement Date. Except for emergencies, only one (1) list should
be submitted for that period. Appropriate repairs will be made within ninety
(90) days after receipt of the written request, weather and labor conditions
permitting and emergencies excepted.
Defects
after the First Sixty Days: Defects appearing after
the first sixty (60) days of the Commencement Date should be listed on a
written request and delivered to the Builder during the eleventh (11) month.
Appropriate repairs will be made within ninety (90) days after receipt of the
request, weather and labor conditions permitting and emergencies excepted.
READING
AND UNDERSTANDING THE HOME WARRANTY PROCESS CAN BE FRUSTRATING, BUT THE HOMEOWNERS
STATEMENT "As per the
warranty it states that repairs should be sent in writing as soon as they are noticed."
IS A MISUNDERSTANDING OF THE WARRANTY PROCESS.
IT
IS OUR GOAL TO PROVIDE QUALITY SERVICE TO OUR CUSTOMER'S, AND WHILE WE WOULD
LIKE TO MEET EVERY EXPECTATION OF OUR CUSTOMERS SOMETIMES THAT IS NOT POSSIBLE.
EVERY
ATTEMPT WILL BE MADE BY TUCKER CONSTRUCTION INC TO PERFORM UNDER OUR WARRANTY,
BUT WE WILL DO SO BY THE TERMS OF THAT WARRANTY.
IF
THE HOMEOWNER WILL SUBMIT THEIR ITEMS IN QUESTION ON ONE (1) LIST IN
THE ELEVENTH (11) MONTH. WE WILL BE HAPPY TO REMIDY EACH WARRANTED ITEM.
PLEASE
REVIEW ENTIRE WARRANTY BELOW FOR ANY FURTHER QUESTIONS, THANK YOU
Jeff S Tucker Construction Inc.
1821 NE Hebron Rd
Maysville Mo. 64469
###-###-####
[redacted]
ONE YEAR LIMITED WARRANTY
SECTION
1 – WARRANTY COVERAGE
Party
extending Warranty: This limited warranty
is extended by the BUILDER, Jeff S Tucker Construction Inc. who is the
warrantor hereunder.
Parties
covered: This warranty is extended
only to the Owner’s named below. It is not extended to any subsequent Owner(s)
of the home.
Term:
This is a One Year Limited Warranty and shall only cover warranted items for
which a defect has appeared and been discovered within one (1) year of the date
of closing.
Warranty
Items Covered: Subject to the exceptions and
exclusion described herein, the Builder warrants that the Home will be free
from defects in materials and workmanship due to noncompliance with his
performance standards.
SECTION
2 – NON- WARRANTED CONDITIONS
Warranty
limited to liens in Section 1:
This limited warranty covers only those items described in Section 1
above. THERE ARE NO EXPRESS WARRANTIES COVERING THE HOME OR THE PROPERTY ON
WHICH IT IS LOCATED EXCEPT AS SPECIFICALLY PROVIDED HEREIN, AND TO THE FULLEST
EXTENT PERMITTED BY LAW THE BUILDER SHALL NOT BE RESPONSIBLE FOR ANY INCIDENTAL
OR CONSEQUENTAL DAMAGES RELATING TO, OR DEFECTS IN SAID HOME OR PROPERTY ON
WHICH IT IS LOCATED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUITAL DAMAGES, SO THE ABOVE LIMITATIONS MAYNOY APPLY TO
YOU.
NOTHING
CONTAINED HEREIN SHALL LIMIT ANY IMPLIED WARRANTIES OR MERCHANABILITY OR
FITNESS FOR A PARTICULAR PURPOSE THAT MAY APPLY TO THIS TRANSATION.
Manufacturer’s
Warranties: Certain items may be covered by
manufacturer’s warranties. The BUILDER hereby assigns all manufacturer’s
warranties to the Owner. Any rights of the Owner under those warranties are
provided by the manufacturers and BUILDER DOES NOT ASSUME ANY OF THE
OBLIGATIONS UNDER THOSE WARRANTIES AND DOES NOT PROVIDE ANY WARRANTY COVERAGE
OF THOSE ITEMS COVERED BY THE MANUFACTURERS WARRANTIES. The manufacturer’s
warranties include any dishwasher, cook top, ovens, microwave, garbage
disposal, kitchen vent, fan, sewage pump, central air conditioner, furnace,
water heater, and any other item for which the manufacture offers a warranty.
Page
#1
Additional
Exclusions: Builder does not warranty and shall not be
responsible for, and the Limited Warranty shall not extend to or include or be
applicable to, any of the following.
1) Any work performed or
material supplied in accordance with any plans or specifications supplied,
prepared or requested by Owner, or by anyone on behalf of Owner;
2) Any defects caused or made
worse by the negligence, improper maintenance or other action by Owner or
anyone else other than Builder or Builder’s employees, agents or contractors.
3) Defects in outbuildings. But
not limited to, detached garages and detached carports (except outbuilding
which contain the plumbing, electrical, heating, cooling or ventilation systems
serving the Home); site located swimming pools and other recreation facilities,
driveways, walkways, patios, boundary walls, retaining walls, bulkheads,
fences, landscaping (including sodding, seeding, shrubs, trees, and plantings);
of-site improvements, or any other improvements not part of the Home itself.
4) Concrete floors of basements
and concrete floors of attached garages that are built separately from the
foundation wall of other structural elements of the Home.
5) Loss or damage to real
property which is not part of the Home covered by the Limited Warranty and
which may or may not be included in the original purchase price of the Home.
6) Any damage to the extent it
is caused or made worse by failure by the Owner or by anyone other than the
Builder, its employees, agents or subcontractors to comply within the Warranty
requirements of appliances, fixtures and items of equipment, or failure of
Owner to give notice to the Builder of any defects within a reasonable time, or
changes of the grading of the ground by anyone other than the Builder, its
employees, agents or subcontractors, or changes, alterations or additions to
the Home by anyone after the Commencement Date: dampness or condensation due to
the failure of the Owner to maintain adequate ventilation;
7) Loss or damage which the
Home Owner has not taken timely action to minimize;
8) Any defect in, caused by or
resulting from, materials or work supplied by anyone other than the Builder,
its agents or subcontractors.
9) Normal wear and tear or
normal deterioration;
10) Loss or damage, not otherwise excluded under
tis Limited Warranty which does not constitute a defect in the construction of
the Home by Builder, its employees, agents or subcontractors;
11) Loss or damage caused by or resulting from
accidents, riot and civil commotion, fire, explosion, smoke, water escape,
falling objects, aircraft, vehicles, Acts of God, lightning, windstorm, hail,
flood, mudslide, earthquake, volcanic eruption, wind-driven water and changes
in the underground water table whcich were not reasonably foreseen;
12) Loss or damage caused by of resulting from
seepage of water;
13) Outside sillcocks and hose connections
14) Loss or damage caused by or resulting from
soil movement for which compensation is provided by legislation or which is
covered by other insurance
15) Insect damage
Page
# 2
16) Loss or damage which arises while the Home is
being used primarily for non-residential purposes;
17) Failure of the Builder to complete the Home;
18) Any condition which does not result in actual
physical damage to the Home, Including, but not limited to, uninhabitability or
health risk due to the presence or consequence of unacceptable levels of radon
gas, formaldehyde or other pollutants and contaminates or the presence of
hazardous or toxic on-site materials;
19) Bodily injury or damage to personal property;
20) Loss or damage caused by or resulting from
abnormal loading on floor by the Owner which exceeds design loadsas mandated by
codes
21) Cost of shelter, transportation, food, moving,
storage, or other expenses related to the inconvenience or relocation during
repair;
22) Any request for Warranty Performance not filed
in the manner required hereunder.
SECTION
3 – PROCEDURE FOR WARRANTY PERFORMANCE
Break-in: The Home will require “breaking-in” by the
Owner. Although the Builder has continuing obligations under this warranty, the
Owner must care for the Home, and maintenance is not the Builder’s
responsibility.
Request
for Warranty Performance: Any request for warranty
performance must be IN WRITING and must ACTUALLY BE DELEVERED to the Builder at
the address stated on this document with-in fifteen (15) days of the end of the
ONE YEAR term of the limited warranty. Builder shall not be responsible for any
problems whatsoever for which it has not actually received timely, written
notice.
Defects
in the First Sixty Days: Defects appearing within
the first sixty (60) days after the Commencement Date should be included in one
(1) written request delivered to the Builder not later than seventy (70) days
after the Commencement Date. Except for emergencies, only one (1) list should
be submitted for that period. Appropriate repairs will be made within ninety
(90) days after receipt of the written request, weather and labor conditions
permitting and emergencies excepted.
Defects
after the First Sixty Days: Defects appearing after
the first sixty (60) days of the Commencement Date should be listed on a
written request and delivered to the Builder during the eleventh (11) month.
Appropriate repairs will be made within ninety (90) days after receipt of the
request, weather and labor conditions permitting and emergencies excepted.
SECTION
4 – MISCELLANOUS
A) Repairs required under this
warranty shall be performed in the manner, and using such materials and
methods, as shall be considered advisable by the Builder.
B) Repairs shall be finished or
touched up to match surrounding areas as closely as possible, However, exact
match cannot be guaranteed.
C) For any problems covered by
this Warranty, the Builder in its sole discretion may repair or replace or pay
the Owner the reasonable cost of repairing or replacing the defect;
Page
# 3
TUCKER
CONSTRUCTION'S RESPONSE TO CUSTOMER'S COMPLAINT # [redacted];
UI",sans-serif;
mso-fareast-font-family:"Times New Roman"">
Customer’s
Statement of the Problem:
I
bought my home which was built by Jeff Tucker construction on 29 July 2015. As
part of the sale we received a one year builder's warranty. As per the warranty
it states that repairs should be sent in writing as soon as they are noticed.
He then has 60 to 90 days to repair the item or items. On 8 January 2016 I
notified him of a squeaky board at the top landing of my home. The following
day him and his crew arrived to look at it and said they hold be back soon with
a tool to fix it. It is now 8 April 2016 and I have yet to see him. Earlier
this week I sent another email to ask him for a date and time for the repair to
take place. Still nothing.
____________________________________________
PLEASE
PAY PARTICULAR ATTENTION TO SECTION 3 AS IT DEFINES THE PROCEDURE
FOR WARRANTY PERFORMANCE.
SECTION
3 – PROCEDURE FOR WARRANTY PERFORMANCE
Break-in: The Home will require “breaking-in” by the
Owner. Although the Builder has continuing obligations under this warranty, the
Owner must care for the Home, and maintenance is not the Builder’s
responsibility.
Request
for Warranty Performance: Any request for warranty
performance must be IN WRITING and must ACTUALLY BE DELEVERED to the Builder at
the address stated on this document with-in fifteen (15) days of the end of the
ONE YEAR term of the limited warranty. Builder shall not be responsible for any
problems whatsoever for which it has not actually received timely, written
notice.
Defects
in the First Sixty Days: Defects appearing within
the first sixty (60) days after the Commencement Date should be included in one
(1) written request delivered to the Builder not later than seventy (70) days
after the Commencement Date. Except for emergencies, only one (1) list should
be submitted for that period. Appropriate repairs will be made within ninety
(90) days after receipt of the written request, weather and labor conditions
permitting and emergencies excepted.
Defects
after the First Sixty Days: Defects appearing after
the first sixty (60) days of the Commencement Date should be listed on a
written request and delivered to the Builder during the eleventh (11) month.
Appropriate repairs will be made within ninety (90) days after receipt of the
request, weather and labor conditions permitting and emergencies excepted.
READING
AND UNDERSTANDING THE HOME WARRANTY PROCESS CAN BE FRUSTRATING, BUT THE HOMEOWNERS
STATEMENT "As per the
warranty it states that repairs should be sent in writing as soon as they are noticed."
IS A MISUNDERSTANDING OF THE WARRANTY PROCESS.
IT
IS OUR GOAL TO PROVIDE QUALITY SERVICE TO OUR CUSTOMER'S, AND WHILE WE WOULD
LIKE TO MEET EVERY EXPECTATION OF OUR CUSTOMERS SOMETIMES THAT IS NOT POSSIBLE.
EVERY
ATTEMPT WILL BE MADE BY TUCKER CONSTRUCTION INC TO PERFORM UNDER OUR WARRANTY,
BUT WE WILL DO SO BY THE TERMS OF THAT WARRANTY.
IF
THE HOMEOWNER WILL SUBMIT THEIR ITEMS IN QUESTION ON ONE (1) LIST IN
THE ELEVENTH (11) MONTH. WE WILL BE HAPPY TO REMIDY EACH WARRANTED ITEM.
PLEASE
REVIEW ENTIRE WARRANTY BELOW FOR ANY FURTHER QUESTIONS, THANK YOU
Jeff S Tucker Construction Inc.
1821 NE Hebron Rd
Maysville Mo. 64469
###-###-####
[redacted]
ONE YEAR LIMITED WARRANTY
SECTION
1 – WARRANTY COVERAGE
Party
extending Warranty: This limited warranty
is extended by the BUILDER, Jeff S Tucker Construction Inc. who is the
warrantor hereunder.
Parties
covered: This warranty is extended
only to the Owner’s named below. It is not extended to any subsequent Owner(s)
of the home.
Term:
This is a One Year Limited Warranty and shall only cover warranted items for
which a defect has appeared and been discovered within one (1) year of the date
of closing.
Warranty
Items Covered: Subject to the exceptions and
exclusion described herein, the Builder warrants that the Home will be free
from defects in materials and workmanship due to noncompliance with his
performance standards.
SECTION
2 – NON- WARRANTED CONDITIONS
Warranty
limited to liens in Section 1:
This limited warranty covers only those items described in Section 1
above. THERE ARE NO EXPRESS WARRANTIES COVERING THE HOME OR THE PROPERTY ON
WHICH IT IS LOCATED EXCEPT AS SPECIFICALLY PROVIDED HEREIN, AND TO THE FULLEST
EXTENT PERMITTED BY LAW THE BUILDER SHALL NOT BE RESPONSIBLE FOR ANY INCIDENTAL
OR CONSEQUENTAL DAMAGES RELATING TO, OR DEFECTS IN SAID HOME OR PROPERTY ON
WHICH IT IS LOCATED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUITAL DAMAGES, SO THE ABOVE LIMITATIONS MAYNOY APPLY TO
YOU.
NOTHING
CONTAINED HEREIN SHALL LIMIT ANY IMPLIED WARRANTIES OR MERCHANABILITY OR
FITNESS FOR A PARTICULAR PURPOSE THAT MAY APPLY TO THIS TRANSATION.
Manufacturer’s
Warranties: Certain items may be covered by
manufacturer’s warranties. The BUILDER hereby assigns all manufacturer’s
warranties to the Owner. Any rights of the Owner under those warranties are
provided by the manufacturers and BUILDER DOES NOT ASSUME ANY OF THE
OBLIGATIONS UNDER THOSE WARRANTIES AND DOES NOT PROVIDE ANY WARRANTY COVERAGE
OF THOSE ITEMS COVERED BY THE MANUFACTURERS WARRANTIES. The manufacturer’s
warranties include any dishwasher, cook top, ovens, microwave, garbage
disposal, kitchen vent, fan, sewage pump, central air conditioner, furnace,
water heater, and any other item for which the manufacture offers a warranty.
Page
#1
Additional
Exclusions: Builder does not warranty and shall not be
responsible for, and the Limited Warranty shall not extend to or include or be
applicable to, any of the following.
1) Any work performed or
material supplied in accordance with any plans or specifications supplied,
prepared or requested by Owner, or by anyone on behalf of Owner;
2) Any defects caused or made
worse by the negligence, improper maintenance or other action by Owner or
anyone else other than Builder or Builder’s employees, agents or contractors.
3) Defects in outbuildings. But
not limited to, detached garages and detached carports (except outbuilding
which contain the plumbing, electrical, heating, cooling or ventilation systems
serving the Home); site located swimming pools and other recreation facilities,
driveways, walkways, patios, boundary walls, retaining walls, bulkheads,
fences, landscaping (including sodding, seeding, shrubs, trees, and plantings);
of-site improvements, or any other improvements not part of the Home itself.
4) Concrete floors of basements
and concrete floors of attached garages that are built separately from the
foundation wall of other structural elements of the Home.
5) Loss or damage to real
property which is not part of the Home covered by the Limited Warranty and
which may or may not be included in the original purchase price of the Home.
6) Any damage to the extent it
is caused or made worse by failure by the Owner or by anyone other than the
Builder, its employees, agents or subcontractors to comply within the Warranty
requirements of appliances, fixtures and items of equipment, or failure of
Owner to give notice to the Builder of any defects within a reasonable time, or
changes of the grading of the ground by anyone other than the Builder, its
employees, agents or subcontractors, or changes, alterations or additions to
the Home by anyone after the Commencement Date: dampness or condensation due to
the failure of the Owner to maintain adequate ventilation;
7) Loss or damage which the
Home Owner has not taken timely action to minimize;
8) Any defect in, caused by or
resulting from, materials or work supplied by anyone other than the Builder,
its agents or subcontractors.
9) Normal wear and tear or
normal deterioration;
10) Loss or damage, not otherwise excluded under
tis Limited Warranty which does not constitute a defect in the construction of
the Home by Builder, its employees, agents or subcontractors;
11) Loss or damage caused by or resulting from
accidents, riot and civil commotion, fire, explosion, smoke, water escape,
falling objects, aircraft, vehicles, Acts of God, lightning, windstorm, hail,
flood, mudslide, earthquake, volcanic eruption, wind-driven water and changes
in the underground water table whcich were not reasonably foreseen;
12) Loss or damage caused by of resulting from
seepage of water;
13) Outside sillcocks and hose connections
14) Loss or damage caused by or resulting from
soil movement for which compensation is provided by legislation or which is
covered by other insurance
15) Insect damage
Page
# 2
16) Loss or damage which arises while the Home is
being used primarily for non-residential purposes;
17) Failure of the Builder to complete the Home;
18) Any condition which does not result in actual
physical damage to the Home, Including, but not limited to, uninhabitability or
health risk due to the presence or consequence of unacceptable levels of radon
gas, formaldehyde or other pollutants and contaminates or the presence of
hazardous or toxic on-site materials;
19) Bodily injury or damage to personal property;
20) Loss or damage caused by or resulting from
abnormal loading on floor by the Owner which exceeds design loadsas mandated by
codes
21) Cost of shelter, transportation, food, moving,
storage, or other expenses related to the inconvenience or relocation during
repair;
22) Any request for Warranty Performance not filed
in the manner required hereunder.
SECTION
3 – PROCEDURE FOR WARRANTY PERFORMANCE
Break-in: The Home will require “breaking-in” by the
Owner. Although the Builder has continuing obligations under this warranty, the
Owner must care for the Home, and maintenance is not the Builder’s
responsibility.
Request
for Warranty Performance: Any request for warranty
performance must be IN WRITING and must ACTUALLY BE DELEVERED to the Builder at
the address stated on this document with-in fifteen (15) days of the end of the
ONE YEAR term of the limited warranty. Builder shall not be responsible for any
problems whatsoever for which it has not actually received timely, written
notice.
Defects
in the First Sixty Days: Defects appearing within
the first sixty (60) days after the Commencement Date should be included in one
(1) written request delivered to the Builder not later than seventy (70) days
after the Commencement Date. Except for emergencies, only one (1) list should
be submitted for that period. Appropriate repairs will be made within ninety
(90) days after receipt of the written request, weather and labor conditions
permitting and emergencies excepted.
Defects
after the First Sixty Days: Defects appearing after
the first sixty (60) days of the Commencement Date should be listed on a
written request and delivered to the Builder during the eleventh (11) month.
Appropriate repairs will be made within ninety (90) days after receipt of the
request, weather and labor conditions permitting and emergencies excepted.
SECTION
4 – MISCELLANOUS
A) Repairs required under this
warranty shall be performed in the manner, and using such materials and
methods, as shall be considered advisable by the Builder.
B) Repairs shall be finished or
touched up to match surrounding areas as closely as possible, However, exact
match cannot be guaranteed.
C) For any problems covered by
this Warranty, the Builder in its sole discretion may repair or replace or pay
the Owner the reasonable cost of repairing or replacing the defect;
Page
# 3