These terms and conditions do not affect your statutory rights.
1 “David Wilson”, “us” “our” and “we”, when used in these terms & conditions, refer to David Wilson Homes. All other capitalised words and expressions, and ‘you’, ‘your’ and ‘yours’, when used in these terms & conditions, shall have the same meaning as in your NHBC Buildmark policy.
2 In addition to this Warranty, all gas and electrical appliances bought from us at the time of Completion, together with the gas boiler, come with the benefit of a manufacturer’s 5 year Warranty (subject to compliance with the manufacturer’s individual terms, to include, but not limited to regular servicing of the gas boiler).
3 All customers who complete on the purchase of a new David Wilson home on or after 17 November 2009 qualify for this 5 year Warranty.
4 This Warranty expires 5 years from the date you complete on the purchase of your new David Wilson home. It will benefit each subsequent Owner of your David Wilson home during the 5 year Warranty period. It will not transfer with you if you move out of your David Wilson home.
5 Customers who purchase a David Wilson property which has been occupied as a show home may not receive the benefit of the full 5 year warranty in respect of all or some aspects of the property. Customers must contact their sales adviser for details of whether any warranties have expired and/or do not have the full 5 years remaining.
6 Relevant conditions of your NHBC Buildmark policy must be complied with during the full 5 year Warranty period, including, but not limited to matters referred to in the General Exclusions & Limitations and Conditions of Cover sections, and Section 2 of your NHBC Buildmark policy.
7 This Warranty extends the warranties given by David Wilson under Section 2 of your NHBC Buildmark policy for the matters referred to in this document (in paragraph 7 and subject to exclusions in clause 8) by extending the period in which you may notify a claim to David Wilson to a period of five (5) years from the date you complete your purchase from David Wilson, However:
7.1 It is not intended to exclude or limit your rights to make any claim that you could make against David Wilson or NHBC under your NHBC Buildmark policy if this 5 year Warranty was not provided by us;
7.2 it does not extend or vary the terms of the insurance cover or Resolution Service provided by NHBC under section 2 of your NHBC Buildmark policy, nor extend or vary any other terms or conditions of your NHBC Buildmark policy, all of which will continue to apply as if this 5 year Warranty was not provided by us; and in particular NHBC will not provide for:
7.2.1 matters that are outside of the scope of the cover described in Section 2 of your NHBC Buildmark policy;
7.2.2 matters notified to David Wilson after the normal period for notification of claims to David Wilson as stated in the terms and conditions of your NHBC Buildmark policy (which is generally two years from the date of Completion of the purchase of your David Wilson home
8 This Warranty covers all non-structural Defects which are covered under your NHBC Buildmark policy in Section 2, save for the excluded provisions listed in clause 8 below for years 3 to 5, and should be read in conjunction with your NHBC Buildmark policy document. In particular this extended Warranty during years 3 to 5 covers:
8.1 repair of Defects
8.2 heating system
8.3 hot and cold plumbing system
8.4 electrical fixed wiring and lighting system
8.5 kitchen units
8.6 sanitary ware, taps and shower doors
8.9 internal and external doors
8.11 renewable energy installation where fitted
8.12 boundary brick walls (excluding any load bearing walls which are covered under section 3 of your NHBC Buildmark policy)
8.13 driveway, paths and paved areas,
9 This Warranty in years 3 to 5 does not cover:
9.1 matters specifically excluded in the General Exclusions and Limitations, and Introduction sections of your NHBC Buildmark policy, which currently includes, but is not limited to;
9.1.1 the effects of wear and tear, neglect or failure to do appropriate maintenance.
9.1.2 the effects of dampness, condensation or shrinkage not resulting from a Defect.
9.1.3 any reduction in the value of your home.
9.1.4 any loss of enjoyment, loss of use, loss of income or business opportunity, inconvenience or distress, or any loss arising or cost incurred (or both) only indirectly, as a result of the events or circumstances that led to your claim or complaint.
9.1.5 any professional fees except those reasonably incurred with our written consent.
9.1.6 any costs or expenses greater than those that would have been incurred by a reasonable person in the position of the Owner spending their own money in connection with the events or circumstances that led to your claim or complaint.
9.1.7 anything concerning which NHBC or we have made a payment to you or a previous Owner in settlement of any claim or complaint.
9.1.8 any costs due to your unreasonable delay in pursuing a claim.
9.1.9 if you are not the first Owner, anything you knew about when you bought your home and which resulted in a reduction in the purchase price or which was taken into account in any other arrangement.
9.1.10 any cost, loss or liability for which you are eligible to receive compensation under any legislation or statutory compensation scheme, or for which you are covered by an insurance policy.
9.1.11 anything agreed to be excluded and recorded by an endorsement by NHBC on the Insurance Certificate issued by them.
9.1.12 the cost or replacing an undamaged item because another item of a similar nature has to be replaced and the replacement item does not match the undamaged item in appearance.
9.1.13 any cost, loss or damage resulting from flooding however caused, or from a change in the water-table level.
9.1.14 any cost, loss or damage resulting from the destruction of the whole or any part of your home as a result of fire, however caused.
9.1.15 any cost, loss or damage resulting from storm-force (or more severe) weather.
9.1.16 anything resulting from or caused by the alteration or extension of your home, the installation, alteration, or extension or demolition of any building, wall, path, drive, paved area, fence, swimming pool or any other structure (permanent or temporary) or the planting (and subsequent growth) or removal of trees or plants (including lawns) in each case after the date of Completion.
9.1.17 anything resulting from compliance by us with written instructions given by or on behalf of the first Owner in respect of design, materials or workmanship.
9.1.18 death, bodily injury, disease, illness or injury to mental health, however caused.
9.2 wilful damage to your home.
9.3 matters currently covered in section 1 of your NHBC Buildmark policy (NHBC cover before Completion).
9.4 the NHBC Financial Limits and any obligations which are over and above the builder’s obligations in Section 2, Part 2 of your NHBC Buildmark policy.
9.5 the Resolution Service covered in Section 2, Part 3 of your NHBC Buildmark policy.
9.6 the NHBC’s obligations in respect of matters covered in Section 3 of your NHBC Buildmark policy.
9.7 matters covered in section 4 of your NHBC Buildmark policy.
9.8 matters covered in section 5 of your NHBC Buildmark policy.
9.9 the General Conditions for Claims to NHBC, Complaints about NHBC and Disputes with Builders section towards the end of your NHBC Buildmark policy.
9.10 garden landscaping
9.11 fences and gates
9.12 carpets and floor coverings
9.13 any item/s which were not included in the sale of your home from David Wilson
9.14 common Parts
9.15 items listed in this clause 8 may be subject to change from time to time and you should check your NHBC Buildmark policy provided to you on Completion for full details of what is not covered.
10 This Warranty does not apply to our part exchange / Oakleaf properties or Registered Social Landlord homes.
11 Our liability for any claims under this Warranty shall be limited to the greater of:
11.1 the amount (if any) that David Wilson would be liable to pay under the standard terms and conditions of your NHBC Buildmark policy; and
11.2 the Original Purchase Price of your property.
12 The matters covered in this Warranty are subject to you complying with any duties outlined in your NHBC Buildmark policy together the Guidelines included in your Move in File provided to you on Completion (if you require a further copy please let us know), which include, but are not limited to:
12.1 you must take care not to dispose of items such as nappies and sanitary towels via the toilets as this could affect the drainage of your own property and indeed neighbouring properties for which we will not be responsible.
12.2 you must check all gutters remain free from all obstructions. Leaves obstructing guttering fall into the remit of household maintenance.
12.3 to get the best out of your central heating system, make sure you carefully read the manufacturer’s operating instructions. Regular servicing of the boiler is important to help ensure efficient and safe operation and you must comply with any manufacturer’s individual terms to retain the benefit of their separate 5 year warranty.
13 To make a claim under this Warranty you must:
13.1 contact your local David Wilson Customer Services Department.
13.2 give us the opportunity to inspect your home as soon as possible.
13.3 give us all the information that you have to enable us to properly assess your claim.
13.4 where it is agreed that the claim is for a Defect covered under this Warranty allow us to remedy the Defect within a reasonable time.
14 In the event of a dispute over whether the claim is for a Defect covered under this Warranty you must give written notice to the Customer Services Department at your local David Wilson office who will deal with any complaint you have under our Complaint Procedure, details of which are available here.
David Wilson Homes is a trading name of BDW Trading Limited (Registered Number 03018173) which is a subsidiary of Barratt Developments Plc (Registered Number: 00604574) both with registered offices at Barratt House, Cartwright Way, Forest Business Park, Bardon Hill, Coalville, Leicester, LE67 1UF.
YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON YOUR MORTGAGE