CUSTOMER SERVICE POLICY

Your new home, like all others in this province, is protected by the provisions of Tarion the formerly Ontario New Home Warranty Plan Act. Our objective is to attend to your warranty service requirements expeditiously and professionally by co-ordinating the necessary skills to complete any warrantable or applicable remedial work to your satisfaction. Your careful attention to the items noted below will help us to meet that objective.

PROCEDURE

Prior to closing, you will have met with a representative of our company for the purpose of inspecting your new home and completing your Pre-Delivery Inspection (PDI) and the Certificate of Completion and Possession (CCP) pursuant to The Ontario New Home Warranty Plan Act. Before signing the CCP, you will have noted those items which you felt require rectification or completion. These items will be completed within 30 days of closing in most cases (except for seasonal work).

Please do not deliver or forward any deficiency lists directly to our Site Superintendent after closing as they will not be accepted. Emergency items will, of course, be accepted. Any deficiency lists should be forwarded in writing to: Ballymore Homes, 12840 Yonge Street, Suite 200, Richmond Hill, Ontario L4E 4H1 (fax 905-773-4293), attention Service Manager. We would ask that for any items not noted on your CCP, you wait for 120 days to advise us of any further deficiencies by the procedure noted below.

30 DAY DEFICIENCY LIST

Within the first 30 days from the date of closing, we would ask you to carefully, and in sufficient detail, compile a list noting any items of a service nature and forward it to our Service Manager as noted above, so that it may be attended to by us. You are required to the 30-Day Form provided in the back of the "Homeowner Information Package" provided to you prior to your PDI appointment. If you have misplaced your 30 day form it can be printed from Ontario New Home Warranty Program's website - http://www.newhome.on.ca/onhwp/

Your "30 DAY LIST" will be reviewed to determine whether the items indicated are covered by the warranty on your home. We will contact you for the purpose of arranging an opportunity for our SERVICE MANAGER to come to your home and inspect the item(s) in question. Thereafter, arrangements will be made for the repair or rectifications of those items covered by the warranty, again within 120 days of the submission of the 30 DAY LIST in most cases.

Please note all submissions for deficiencies or service work must be in writing.

1 YEAR ANNIVERSARY

As is customary with any new home, minor warrantable deficiencies will arise after the initial 30 day period. In order to enable us to deal with these items in an efficient and organized manner, we request that you collect and present them to us in writing within the last 30 days, prior to your 1 year anniversary date.

GENERAL NOTES

Where repair to tiles, cushion floor, broadloom, trim etc., is warranted in whole or in part, we will attempt to repair materials with the same product as originally installed. However, should the material vary slightly in colour we cannot be held responsible, as variations are due to manufacturer's dye lots, over which we have absolutely no control.

Also, in the event the original product is unavailable at the time of repair, we reserve the right to substitute with material of equal or better value.

A large portion of complaints received from homeowners are directly related to high humidity levels found in new homes. These problems may manifest themselves in many ways; wet basement walls, condensation on exposed pipes and windows, sticking doors and windows, and rolls in the broadloom are some of the most common complaints. In most cases, these problems can be solved by using a good dehumidifier to remove the excess moisture from the home. Depending on the time of year, this moisture can be quite substantial. During the "drying out" period in a new home, shrinkage and minor settlement occurs. This is natural and is to be expected. However, this gives rise to another common group of purchaser complaints relating to drywall and finishing. We will repair all nail pops, cracked corners and other similar decorating problems ONE TIME ONLY during the first year of occupancy. We will apply one coat of plaster, we are not responsible for sanding and we do not repaint. You are therefore advised to wait until the latter part of your one year warranty period at which time you may wish to redecorate after these repairs are completed. We wish to stress that these problems are a natural occurrence in a new home and are not due to faulty materials or workmanship. The plaster work is done as a courtesy to our purchasers.

ACCESS

The normal working hours of the Service Department are from 8:30 a.m. to 4:30 p.m. Monday through Friday. We will, of course, do our best to schedule appointments at times which are convenient for you. However, it is rarely possible to determine exactly how long any given repair will take and so the nature of our service man's day is such that it is often difficult to schedule appointments with any great precision. We ask for your indulgence in advance in this regard. In the event that you choose to have service work performed within your house in your absence, we would ask you to make arrangements for us to obtain access to your home and that you consent to same.

SURFACE DEFECTS

When you examine your home during the pre-closing inspection, you are expected to make careful note of all items requiring rectification, which are readily visible and apparent. Those items will generally be our responsibility to correct. In the days following your occupancy of the home, it is not uncommon for considerable minor damage to occur as a result of the move-in process. Movers often bang furniture, appliances and cartons in to walls, doors and cabinetry, causing surface damage. It is often the case that ceramic tile and vinyl flooring is cracked or scratched by heavy items being dropped or dragged on them. Many times this will not be noted by the homeowner until some considerable time later. For all these reasons, we cannot accept responsibility for any items of a surface nature that would have been visible at the time of the pre-closing inspection, but which were not noted on the original CCP. Our policy in this regard is consistent with that employed by the Ontario New Home Warranty Program.

SERVICE vs. MAINTENANCE

Our Service Department is set up to provide the highest level of service possible. It is not designed to function as a home maintenance department. Nevertheless, we are often asked to perform such routine items as unplugging toilets, fixing dripping faucets, changing furnace filters, or replacing stove fuses. You are expected to provide these normal maintenance requirements for your home.

EMERGENCIES

Our usual policy of requiring all service requests to be contained in writing is waived in the case of true emergencies. Some obvious examples would include a major leak, plumbing rupture, furnace breakdown or power failure. Should such events occur during the first 2 years of occupancy you should contact our Service Department immediately, or if during non-business hours, contact a local contractor who provides emergency 24 hour service (please check yellow pages) or the local gas, hydro companies, etc. Then provide us with details of the nature of the emergency and its resolution, the first possible business day. We will then reimburse you for any warrantable problems.

WARRANTY COVERAGE

WHAT'S COVERED?

A. BASIC ONE YEAR WARRANTY

We warrant for one year that your home is free from defects in workmanship and materials, is fit to live in, and meets the Ontario Building Code requirements.

B. 2 YEAR WARRANTY

We warrant for a period of two years; that your home is constructed in a workmanlike manner and is free of defects in materials including caulking, windows and doors, such that the building envelope of the home prevents water penetration. The building envelope: means the wall and roof assemblies that contain building space, and includes all those elements of assembly that contribute to the separation of the outdoor and indoor environments so that the indoor environment can be controlled within the acceptable limits.

That the electrical, plumbing and heating delivery and distribution systems are free from defects in materials and workmanship. "Delivery and distribution systems" includes all wires, conduits, pipes, junctions, switches, receptacles and seals, but does not include appliances, fixtures and fittings.

That all exterior cladding is free from defects in materials and workmanship resulting in detachment, displacement or physical deterioration. "Exterior cladding" means all exterior wall coverings and includes sidings and above-grade masonry as required and detailed in the relevant sections of the Ontario Building Code under the building permit that was issued.

That your home is free from violations of those provisions of Ontario Building Code regulations under which the Building Permit was issued, affecting health and safety. This includes but is not limited to fire, safety, insulation, air and vapour barriers, ventilation, heating and structural adequacy.

We warrant for two years that the basement remains free of water penetration through the foundation.

This means that for a period of two years after possession our Warranty will apply to the items set out above.

C. SEVEN YEAR WARRANTY

We warrant for a period of seven years any major structural defects. This protection refers to defects that adversely affect the load-bearing parts of the structures for the use for which it was built.

WHAT'S NOT COVERED

Knowing what's not covered by your warranty is just as important as knowing what is. Please become familiar with what's not covered under the warranty protection:

  • Defects in materials, design and work supplied or installed by the homeowner/purchaser, e.g., electrical, cabinets, flooring, painting.
  • Secondary damage caused by defects under warranty. While the defects themselves are covered, the personal or property damage they cause may not be warranted. Often, homeowner's insurance covers secondary damage.
  • Normal wear and tear.
  • Normal shrinkage of materials that dry out after construction.
  • Damage resulting from proper maintenance of homeowner negligence. For example, damage or condensation caused by homeowners failing to maintain proper ventilation levels.
  • Alterations or additions made by the homeowner.
  • Settling soil around the house or along utility lines.
  • Damage caused by homeowners, tenants or guests.
  • Damage beyond the homeowner's control, e.g. floods, Acts of God, wars, riots, vandalism.
  • Damage from insects or rodents unless construction does not meet the Ontario Building Code.
  • Damage caused by municipal services and other utilities.
  • Surface defects in work and materials noted in writing and accepted by the homeowner at the time of possession.


CONCLUSION

Every Ballymore home meets or surpasses the requirements of a range of codes and standards, including Ballymore's own high Standards for quality and service. We will turn your home over to you with the confidence that it is among the finest built today. We hope that you and your family enjoy your new Ballymore home.


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