Mjolnir Construction Warranty

This limited 1-year warranty is between Mjolnir Construction (Contractor) and the original purchaser (Owner). This warranty is in lieu of any other warranty, express or implied. This warranty shall be null and void and Contractor shall not be liable for any damages or expenses, If the Owner does not first grant Contractor access to the premises and the opportunity of Contractor to inspect, correct, or replace alleged defective items, before Owner incurs expenses or has work done by a replacement contractor.

 

TERM OF WARRANTY – ONE YEAR


This Warranty, as well as the statue of limitations for any claim of damages for defective work or material, is one year from the completion of work and final payment or from the final inspection of a city official during the permit approval process.

 

WHAT IS COVERED


Contractor warrants that the improvements constructed are reasonably free of defects and within customary tolerances of construction industry. “Customary tolerances of the construction industry” means tolerances common and expected in the construction industry and guaranteed to be performed by a skillful and professional contractor. This warranty also covers work under customary tolerances for all subcontractors and other trades people under contract with the Contractor, including the crew of the Contractor. Contractor further warrants and guarantees that the work reasonably conforms to the requirements of the contract documents, drawings, plans, and specifications. If any defects are found, contractor shall repair or replace any of the alleged defective work. The work to be corrected will be the particular part or area that is defective. Contractor shall start corrective work within a reasonable time after written notice from the owner. Contractor shall have the option of repairing or replacing, at its election.

 

TRANSFERABILITY


This warranty applies to the original owner and may be transferred to any subsequent owner within the initial one year period after substantial completion.

 

EQUIPMENT, MATERIAL, AND APPLIANCES


Contractor hereby assigns (to the extent they are assignable) and conveys to Owner all manufacturers’ and suppliers warranties, together with operating instructions if available, on all goods, material, equipment and appliances provided to Contractor. Contractor has provided certain material, equipment, appliances, and goods that have been manufactured and or furnished by third party vendors, supply houses, lumberyards, distributors, and manufacturers (“products”). Contractor also agrees to properly install such materials. In the event a product is considered defective by the Owner, contractor shall use its best efforts to contract the supplier or manufacture and receive a free replacement. Contractor shall than within a reasonable time reinstall that new product without charge. Contractor did not manufacture such products. Contractor warrants it’s services and workmanship only. Accordingly, contractor cannot warrant or guarantee these products themselves. Contractor will not be liable for latent defects in any product (not observable on reasonable inspection). Owner’s sole remedy for defective products, other than the obligation of contractor to replace same, is against such third party vendors and their warranties, if any. This limitation still applies and a warranty is not deemed made, even if Contractor has furnished owner with product brochures, literature, or samples. Nor shall Contractor be liable for dangerous products, design defects in products, or defective warnings. However, Contractor shall lend assistance in settling any claim resulting from defects in these products.

 

REMEDIES


With respect to any claim asserted by Owner, it is understood there is no right to recover or request compensation for: incidental, indirect, special, consequential, secondary, or punitive damages; loss of use; diminution in value; rental costs; moving costs; delay in occupancy; construction, mortgage, loan, or line of credit interest charges; mortgage interest rate increases; loss profits or income; medical costs; damages for mental distress, aggravation, personal injury; or pain and suffering. Owner shall notify Contractor within a reasonable period after first knowledge of a problem, not to exceed 60 days. To be covered, the physical signs of the problem must be observable and have started to cause damage before the one-year period expires.

 

WHAT IS NOT COVERED


This limited warranty does not cover the following items:

  • Damage or defects caused by the failure to maintain any item or keep it in good working area.
  • Damaging resulting from fire, freezing, storms, electrical malfunction or surge, lightening, earthquake, pest damage, acts of God, or other unforeseen causes or accidents.
  • Damage from alterations, misuse, or abuse by any person; ordinary wear and tear; or problems caused by lack of maintenance.
  • Damage resulting from your failure to observe any operation instructions furnished at the time of installation.
  • Any item furnished, installed, modified, altered, or repaired by you or any other person other than Contractor
  • Problems which arise in an attempt to match existing materials.

It’s simple, but it means what it says; if we did something wrong, we will take care of it.

 

Also, if you did something to damage the deck and need a repair done, we’re still willing to work with you to get things corrected in a timely manner, and at a reasonable cost.

 

SPECIAL NOTE REGARDING ALL OF OUR WOOD PRODUCTS


We truly want our clients to enjoy their outdoor living space and will cover repairs for all reasonable problems, outside of naturally occurring movement of new wood. With that said, we cannot guarantee and therefore cannot warranty any wood material past the time of job completion. This is for a various number of reasons…

 

  • Wood is a natural product with properties and imperfections beyond Mjolnir Construction’s control. There are various inconsistencies and imperfections that are natural characteristics of wood. The most common visual imperfections are knots. All pressure treated lumber has knots. Even the highest quality of pressure treated decking comes with knots. The difference is that #1 boards have fewer and smaller knots than #2’s. The best way to judge the quality of wood is by the strength and integrity of the boards, more so than their visual appearance.
  • One common side effect of the drying process is a release of pressure that causes checks or splits in the wood. Checks are naturally occurring hairline fractures. Direct sunlight and increased humidity during the drying process can increase the chances of checks. These small cracks do not affect the integrity of the wood, and in some cases even make it stronger.
  • Warping is a natural tendency of both treated and untreated lumber due to grain patterns that are established during the growth of the tree. Since no tree grows perfectly straight, grain patterns are irregular.