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. “You”, “your” and “yours”, when used in these terms and conditions refer to the First Owner or Purchaser direct from David Wilson Homes. All other capitalised words and expressions, when used in these terms & conditions, shall have the same meaning as in your NHBC Build mark 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 and cylinder, come with the benefit of a manufacturer’s 5 year Warranty (subject to evidence of compliance with the manufacturer’s individual terms, to include, but not limited to regular and not less than annual servicing of the gas boiler and cylinder).
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 on the earlier of 5 years from the date you complete on the purchase of your new David Wilson home or the date upon which you transfer ownership of your David Wilson home. It is personal to you and is not transferable on a sale of your property. It will also not transfer with you if your move out of your David Wilson home”..
5. Customers who purchase a property from David Wilson which has been occupied as a show home will only receive the benefit of a warranty, the 5 year term of which commences on the date of first occupation as a show home, which will be notified to them by their sales advisor, unless otherwise confirmed in writing by David Wilson at the time of purchase.
6. In addition to any other conditions set out in these terms and conditions you must comply with all conditions which are relevant to Section 2 of your NHBC Buildmark Policy throughout the full period of this warranty, including, but not limited to matters referred to in the General Exclusions & Limitations and Conditions of Cover sections, and Section 2 of the NHBC Buildmark policy.
7. This Warranty extends the warranties given by David Wilson under Section 2 of your NHBC Buildmark policy provided that you continue to own the property by extending the period within which you may notify a claim to David Wilson to a period of 5 years from the date you completed the purchase of your property from David Wilson for the items referred to in this document. This is subject to the terms of this paragraph 7 and paragraph 9 and, subject to the exclusions specifically set out in paragraph 8. 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,
Provided that this warranty shall not extend to any consumable items and shall be subject to you arranging regular and not less than annual servicing of the heating and hot water system and regular and reasonable maintenance in respect of any other item referred to above.
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 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.
9.1.10 anything agreed to be excluded and recorded by an endorsement by NHBC on the Insurance Certificate issued by them.
9.1.11 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.
9.1.12 any cost, loss or damage resulting from flooding however caused, or from a change in the water-table level.
9.1.13 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.
9.1.14 any cost, loss or damage resulting from storm-force (or more severe) weather.
9.1.15 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.
9.1.16 anything resulting from compliance by us with written instructions given by you or on your behalf to the extent that we have complied with the same 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 or any areas used in conjunction with any other owner not included within the definition of your property
9.15 items which are not covered by the NHBC Buildmark policy provided to you on Completion of your purchase and therefore not covered by the terms of this warranty in years 3 to 5 and reference to the NHBC Buildmark Policy provided to you at Completion should be made for full details of any further items 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 In respect of your central heating and hot water systems full and complete compliance must be made with the manufacturers operating instructions and regular and not less than annual servicing of the boiler and cylinder and evidence of the same is required. This will also enable you to get the best out of the central heating and hot water system. In addition you must comply with any manufacturer’s individual terms to retain the benefit of any separate 5 year or other warranty from them
13 As a precondition to any claim being made 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 For the purposes of resolving any dispute under or in relation to the terms of this warranty and/or whether it applied to any item you should comply with our Complaints Procedure, details of which are available on our website. Written notice of any dispute to be dealt with under the Complaints Procedure should be given to the Customer Services Department at your local David Wilson office who will assist.
Our 5 year warranty is exclusive to Barratt Development Plc Group brands Barratt Homes, David Wilson Homes and Ward Homes.
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