W.I.N. Program
(Working to Improve our Neighborhoods)
Housing & Community Development
CERTIFICATE OF WARRANTY
AND AGREEMENT
EXHIBIT G
THIS AGREEMENT, made this _____ day of ______, 2007, by and between
(hereinafter referred to as "Owner") and
(hereinafter referred to as "Contractor"):
WHEREAS, a Rehabilitation Contract dated ______was executed between the Contractor and Owner and said Contract governs the performance of warranty services at the property located at ______in St. Petersburg; and
WHEREAS, the Contractor and Owner acknowledge receiving a copy of the Property Rehabilitation Warranty Procedures and acknowledge that they understand the responsibilities within the procedures;
NOW THEREFORE, the Contractor and Owner agree that, in consideration of the mutual performance of the conditions contained in the said Rehabilitation Contract and the conditions described herein:
In the event that any warranty services are required during the one-year warranty provided under the contract, Owner agrees to promptly contact the Contractor at the following address and telephone:
CONTRACTOR:
ADDRESS: CITY, ZIP:
TELEPHONE: CERTIFICATION/REGISTRATION NO.:
Contractor agrees to respond to warranty related complaints promptly according to the guidelines in the Property Rehabilitation Warranty Procedures. The Contractor further agrees to advise the Owner of any changes in business address or telephone during the specified one-year warranty period.
The specified warranty period expires on ______and complaints or requests for service must be delivered by Owner to Contractor on or before that date.
Contractor has delivered to Owner all appropriate documentation relating to materials, equipment and labor provided under the Rehabilitation Contract, including but not limited to, operating manuals, manufacturers and suppliers certificates, and guarantees, insulation certificates, and utility deposit receipts; and Owner hereby acknowledges receipt of all desired original documents.
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IN WITNESS WHEREOF, the parties have made and executed this Agreement on the day and year first above written.
WITNESS: (Two Required)CONTRACTOR:
______
Title:
______Firm:
OWNER HEREBY ACKNOWLEDGES that they have inspected their property and the completed work, and accept both the property and the work, subject to the warranty procedures outlined herein.
OWNER FURTHER ACKNOWLEDGES receipt of all keys to the property from the Contractor as of the date of this agreement.
WITNESSES: (Two Required)OWNER(S):
______
______
PROPERTY REHABILITATION WARRANTY PROCEDURE
1.The property owner must report any defect covered by warranty to the contractor of record immediately. If damage is caused because of the owner's failure to immediately report a defect covered by warranty, the contractor cannot be held liable for the additional damage.
2.The owner's report of a defect to the contractor may be done by telephone, however, the owner must then follow-up by sending a written notice to the contractor. The written notice should describe the defect and include the owner's telephone number and address.
3.A copy of the written notice to the contractor must be sent to the Property Rehabilitation Office.
4.Any defect such as a roof leak, that could cause additional damage if left uncorrected, must be treated by the contractor within 48 hours of the earliest notice of the defect whether that notice was verbal or written. Warranted defects other than those requiring immediate attention must be corrected within two weeks of the earliest notification.
5.Any damage caused by the contractor's failure to honor his warranty will be corrected by the contractor without any additional compensation to the contractor.
6.If the contractor does not make the required repairs within the time specified or if there is a disagreement as to warranty coverage, the owner may file a complaint with the Citizens Dispute Center, 501 1st Avenue North, Room 729, St. Petersburg, Florida 33701, 727-582-7250. If the Citizens Dispute Hearing Officer determines that the defect is covered by warranty and the contractor still fails to make the corrections within the time specified by the Hearing Officer, the owner shall then notify the Property Rehabilitation Office of the contractor's failure to perform.
7.If these procedures are not successful, the Property Rehabilitation staff may notify the contractor that failure to perform may jeopardize future participation in the rehabilitation programs, and/or the City may take other appropriate action to obtain the contractor's compliance, and/or curtail the contractor's future participation.
8.A copy of this procedure will be given to all contractors and owners participating in the City's Rehabilitation Programs.
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