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Warranty& Maintenance |
WARRANTY AGREEMENT
LMI, Inc. (LMI) assembles and/or installs glass shower/bath enclosures, mirrors, mirrored wardrobes and closet shelf systems. Not all of these products may be installed in your home so it is important for the Buyer and Builder to confirm whether a particular product has been installed by LMI prior to making a warranty claim. This warranty agreement shall cover all LMI products subject to the exclusions set forth herein. Only those warranties contained in this writing are provided and any other purported warranties, whether express or implied, are specifically disclaimed. As LMI has no direct relationship with the Buyer, all warranty claims shall be made to the Builder who will in turn contact LMI.
LMI warrants its products to be reasonably free from material and installation defects occurring from normal usage for a period of one year from the close of escrow for the particular property. The warranty is valid only on products installed by LMI installation technicians and covers defective materials and/or installation. The warranty is limited to the repair or replacement of the product and in no event shall the Company's liability exceed the purchase price paid by the Builder. The determination of whether to repair or replace the product is solely within LMI's discretion. In the event Buyer or Builder hires another contractor or installer to perform any repair or replacement of a LMI product, this warranty shall be void. LMI shall have no obligation to reimburse the Buyer or Builder for work done by the Buyer, or for amounts paid by the Buyer or Builder to a repairman or trade contractor. This warranty is not transferable to subsequent purchasers of the home, and any obligations under the warranty are extinguished if the initial owner sells the property.
Exclusions:
This warranty shall not apply to products that have been damaged through abuse, misuse, neglect, carelessness, accidents, alteration, modification, ordinary wear and tear, and lack of homeowner maintenance.
Portions of the products assembled and/or installed by LMI are manufactured by others. These portions include, but are not limited to, glass and metal/aluminum components of shower door enclosures, mirrored glass for mirrors and wardrobes, and closet shelf systems. Any failure or defect in the materials supplied by others is specifically excluded by LMI. The component manufacturers have provided limited warranties on their products. LMI shall use reasonable efforts to assist Builder/Buyer in dealing with the manufacturers of the components, if necessary.
This warranty does not apply to products that have been damaged by casualties normally covered by standard homeowner's insurance or damage resulting from natural catastrophes or Acts of God.
Any incidental, consequential or secondary damages and/or losses of any kind whatsoever which may arise from or out of defects warranted hereby, including, but not limited to, personal injury or damage to personal property, loss of use or inconvenience.
Builder's or Buyer's failure to take appropriate action in response to a "warrantable" condition, including, but not limited to a failure to notify LMI of the condition within a reasonable time, shall void the warranty. For purposes of this limited warranty, a reasonable time shall be within ten (10) days of initial notice of a "warrantable" condition by Buyer.
Making Warranty Claims:
Buyer and Builder acknowledge and agree that the warranties provided herein are given expressly to Builder and no relationship, contractual or otherwise, exists between Buyer and LMI. Therefore, if Buyer needs to make a warranty claim for any of those items covered herein, Buyer shall make said claim according to the terms and requirements of the express limited warranty provided by Builder. If Buyer fails to follow the procedures and requirements set forth by Builder, this warranty shall be void. There is no separate warranty provided by LMI to Buyer. In the event Builder's limited warranty does not provide for a reasonable time within which to make a claim, or the time is different than that set forth above (10 days), the time set forth herein shall control.
Any failure to allow reasonable access to the home for inspection and, if necessary, repair or replacement shall void this warranty.
Should any provision or portion hereof be declared invalid or in conflict with any law of the jurisdiction where the project is situated, the validity of all remaining provisions and portions hereof shall remain unaffected and in full force and effect.
MAINTENANCE REQUIREMENTS FOR PRODUCTS PROVIDED BY LMI, INC.
LMI, Inc. ("LMI") assembles and/or installs glass shower/bath enclosures, mirrors, mirrored wardrobes and closet shelf systems. The following maintenance requirements apply to the products provided, although not all of these products may be installed in each home. The Builder or Buyer is responsible for confirming the entity that supplied and/or installed these products. If one or more of these products was supplied and/or installed by another company, Buyer and/or Builder shall follow the maintenance requirements set forth by the other company (ies). Under no circumstances shall LMI be held responsible for another company's products, installation or maintenance requirements.
Portions of the products assembled and/or installed by LMI are manufactured by others. These portions include, but are not limited to, glass and metal/aluminum components of shower door/bath enclosures, mirrored glass for mirrors and wardrobes, and closet shelf systems. In some instances, separate maintenance requirements will be published and provided by those companies. These separate maintenance requirements are incorporated herein by reference. Builder shall provide these maintenance requirements to all Buyers who have purchased homes containing products installed by LMI. LMI considers the distribution of these requirements to Buyers to be a material part of its contract with Builder. Under California Civil Code Sections 907 and 945.5, homeowners who fail to follow maintenance instructions provided to them in writing may fail to recover in an action for claimed construction defects. As LMI has no direct relationship with the Buyers of Builder's homes, it is incumbent on Builder to communicate LMI's maintenance requirements to Buyers and a failure by Builder to do so shall be considered a breach of the agreement between Builder and LMI.
Use Limitations and Care and Maintenance Instructions
SHOWER/BATH ENCLOSURES
Your shower/bath enclosure provided by LMI, Inc. consists of several components, including metal frame(s), glass walls and door(s) (sliding or swinging), and towel bar(s). It does not include the shower walls or floor, tub, plumbing, drains, or fixtures. Your shower/tub enclosure is intended to keep water from escaping on to the floor and surrounding area. The enclosure is attached to the shower/bath stall and is sealed using a silicone application. The shower/bath walls are typically made of tile, stone, fiberglass or other materials, which have been installed by others. Set forth below is additional information regarding the limitations of the enclosure as well as required maintenance and care.
Use Limitations:
1) Water escaping from the shower/bath enclosure
Your shower enclosure has been designed and installed to prevent leaking into wall or flooring systems. However, the opening to the enclosure is vulnerable to escaping water because, by design and necessity, it is a moving part. The following directions must be followed in order to mitigate excessive water from exiting from the shower/bath enclosure opening:
a) The opening to the enclosure is not designed to withstand a direct spray from the showerhead. When taking a shower, the showerhead must be pointed away from the opening to the shower and /or bath enclosure.
b) Make certain the opening to the enclosure is shut tightly when showering or bathing.
c) Avoid any excessive splashing within the enclosure.
d) Before exiting the enclosure, thoroughly 1) dry off within the enclosure before exiting; 2) "squeegee" off the entire interior of the enclosure; and, if your enclosure has a swinging door, dry off the "drip shield" located at the bottom of the interior side.
e) Do not install carpet within a 3-foot perimeter of the shower and/or bath enclosure. Carpet generally contains organic material that, coupled with the naturally damp environment of a bathroom, will promote the growth of mold and fungus.
2) Other use limitations
a) The towel bar(s) located on the enclosure are NOT designed as a support aid. Do not place any weight on the towel bar(s).
b) Do NOT lean against or on the enclosure to support your weight.
c) Do NOT leave children unattended in the shower and/or bath enclosure.
d) Advise users to avoid excessive splashing and putting weight on the enclosure or towel bar.
Required Care and Maintenance*
1) In the event you notice any unexplained water on the outside of the enclosure that reappeared after an initial clean up, immediately contact your builder's customer service representative to inspect the situation.
2) After each shower or bath, make sure the bathroom has adequate ventilation to reduce moisture in the air that could promote mold and fungus.
3) Every 6 to 8 weeks the interior of the enclosure should be thoroughly cleaned using products specifically manufactured for cleaning glass and aluminum.
4) The silicone compound that has been used to seal the enclosure is critical to the waterproof integrity of the enclosure. Therefore, the silicone seal needs to be inspected by a professional for possible re-sealing every 18 MONTHS. The inspection event should also include checking the shower door "sweep" for proper adjustment and flexibility.
5) LMI did not install your shower stall or tub or tiles. If you note leaks, cracks or separations in the shower stall or tub or tiles, or problems with the plumbing or fixtures, you need to immediately contact your builder.
MIRRORS
Use Limitations:
1) Mirrors are fragile and prone to cracking and breakage if improperly used. Never lean objects against mirrors. Never attempt to attach fixtures such as cup holders, toothbrush holders, soap dishes and other accessories to mirrors. Mirrors are not designed to bear weight, no matter how small.
2) Do not paint around mirror edges, as it may cause spotting or de-silvering.
3) Do not apply caulking or silicone around mirror edges or to the bottom "J" metal, as it may result in spotting or de-silvering.
Required Care and Maintenance*
1) Use clean, warm water and a soft cloth. Commercial glass cleaner can be used, but do not use a brand containing ammonia. Do not use industrial strength cleaner.
2) Never spray cleaner directly on mirror. Always apply to a clean, soft cloth and then wipe mirror. Do not allow water or cleaner to collect and remain on mirror edges, as this can be harmful to mirrors.
3) Do not allow abrasive or detergent cleaners designed for tile, walls or other fixtures to come in contact with mirrors or mirror edges. Certain common chemicals found around the home such as chlorine, alkali, acids (sulfuric in pool cleaners), acetic acid (vinegar) and ammonia can be very harmful to mirrors.
4) Ventilate the bathing area when moisture or steam is present.
MIRRORED WARDROBE DOORS (SLIDING MIRRORED, VINYL OR COLONIST WARDROBE DOORS)
Use Limitations:
1) Never lean objects against mirrored wardrobe doors. They are not designed to bear weight against them and may crack or break.
2) Do not slam doors into wall jambs or doorstops, as this may cause doors to jump off bottom tracks and damage doors and jambs. Do not allow children to slam wardrobe doors.
3) The bottom door track should be clear of debris at all times. Failure to do so may result in damage to the rolling wheels, may prevent wheels from rolling or may cause doors to jump off bottom tracks.
Required Care and Maintenance*
1) The care and maintenance requirements set forth in numbers 1-4 for mirrors apply to mirrored wardrobes as well.
2) Do not allow water to collect and remain on mirror edges or seep into side or top/bottom rails as this may cause warping of doors or de-silvering of mirrors.
3) For metal frames (aluminum or steel), wipe down with a mild detergent diluted with water. Do not spray any cleaner directly on the metal.
4) Remove all dust, dirt, carpet fibers or other debris from bottom and top tracks.
CLOSET SHELF SYSTEMS (MANUFACTURED BY CLOSET MAID)
Use Limitations:
1) Closet Maid provides specifications and limitations regarding the use of this product, which includes, but is not limited to:
a) Do not apply excessive weight or load to the shelves beyond the manufacturers' design parameters,
b) Do not remove or relocate braces from original installed position, as this will compromise the strength and integrity of the shelf system.
Required Care and Maintenance*
1) Dust and/or clean using a soft cloth. If cleaning, use only warm water applied to the cloth. Do not use commercial or industrial cleaners as this may lead to delaminating of the product.
*Under California Civil Code sections 907 and 945.5, homeowners are obligated to follow all reasonable maintenance requirements and schedules communicated in writing to the homeowners. A failure by the homeowners to follow these requirements and schedules may lead to the inability of said homeowners to recover damages for claimed construction deficiencies.
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