New York Warranty Clauses

State:
Multi-State
Control #:
US-OG-489
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

In general, the law says that construction defects are covered for one year after the warranty date?the date title passed to the first new home owner. Plumbing, electrical, heating, cooling, and ventilation systems are covered for two years after the warranty date.

A workmanship warranty provides homeowners with coverage against workmanship or installation errors. This type of warranty generally covers about one year following the completion of the work. However, this is not true for all contractors.

Most contractors are familiar with the ?one-year warranty,? assuming that they are not liable for workmanship defects after one year.

A typical warranty clause often covers defective work, materials and equipment, but excludes defects caused by abuse, alterations to the work, improper or insufficient maintenance, improper operation, or normal wear and tear.

The Contractor warrants to the Agency that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from faults and defects not inherent in the quality required or permitted, that the materials, ...

Under New York Law, warranties may be made orally or in writing and can even arise by implication without any verbal statement.

The statutory warranty is "implied," in that it need not be written into the contract, but exists within every contract for the sale of a single family house or unit in a multi-unit residential building of five stories or less. (See N.Y. General Business Law §§ 777A- 777-B.)

The one-year warranty is for claims of shoddy workmanship; two years, for defects in systems like plumbing, electrical or temperature regulation and six years for structural defects.

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New York Warranty Clauses