Zicklin Homes 5-Year Limited Warranty
Zicklin Contracting (the "Company") is proud to stand behind its work. This document outlines the terms and conditions of our 5-Year Limited Warranty. It is written in clear terms to set proper expectations and fully protect Zicklin Homes from unwarranted liability while assuring our customers of our commitment to quality. Please read it carefully to understand the scope of coverage, limitations, and the procedure for any warranty claims.
Warranty Coverage and Term
Zicklin Homes warrants that the workmanship of the renovation or construction work directly performed by Zicklin Homes (the "Project") will be free from material defects for a period of five (5) years from the date the Project is substantially completed. This warranty applies only to the labor and installation work*provided by Zicklin Homes on the Project. In the event a defect in our workmanship is discovered within the 5-year warranty period, Zicklin Homes will, at its sole discretion, *repair or correct the defect, at no cost to the Owner, subject to the terms and exclusions below.
Important Notes on Coverage:
This Warranty covers only the work performed by Zicklin Homes. It does not cover any work or materials provided by others, existing conditions in the property, or any components not installed or altered by Zicklin Homes.
This Warranty is provided exclusively to the original Owner (customer) named in the contract for the Project. It is not transferable to subsequent owners or any other party without the express written consent of Zicklin Homes.
The sole remedy under this Warranty is the repair (or, at Zicklin Homes’ option, replacement) of the portion of the work that is found to be defective in workmanship. No other remedy (such as refund or damages) is available under this Warranty, except as required by law.
Exclusions: What Is Not Covered
While Zicklin Homes will stand behind its craftsmanship, certain events, conditions, and types of damage are specifically excluded from this 5-Year Limited Warranty. Zicklin Homes shall not be liable for any defect, damage, or loss caused by or resulting from:
Fire, Water, or Other External Events: Any damage caused by fire, explosion, smoke, flooding, or water intrusion of any kind. This includes water damage resulting from roof leaks, plumbing leaks or breaks, sewer backups, or water entering from adjacent units or from building-wide systems or common areas.
Natural Disasters and Acts of God: Natural events beyond our control, such as earthquakes, hurricanes, tornadoes, severe storms, lightning, hail, or other extreme weather or Acts of God. Zicklin Homes cannot warrant against destruction or damage from extraordinary natural forces.
Structural Shifting or Settlement: Any cracks, damage, or defects arising from structural movement, settling, shifting, subsidence, or foundation movement of the building or property. The natural settling of a building or movements in the structure over time are not covered by this Warranty, as they are not caused by Zicklin Homes’ workmanship and are beyond our control.
Third-Party Building Systems: Problems or damages originating from building systems not installed or altered by Zicklin Homes. This includes failures or leaks from plumbing, piping, or sewer lines not worked on by us; electrical malfunctions in existing wiring or panels we did not install; HVAC (heating, ventilation, air conditioning) systems or components not installed by us; or any other mechanical, structural, or building components that were pre-existing or installed by someone else. We are not responsible for the performance or integrity of systems we did not install or modify.
Mold, Mildew, or Moisture Issues: Any mold, mildew, fungi, or other biological growth, or any damage or health effects related to such growth. Moisture or water-related issues (such as rot, warping, or deterioration) are not covered by this Warranty unless they are proven to be directly caused by a deficiency in Zicklin Homes’ workmanship. (For example, while we will repair a plumbing connection we installed that is found to be leaking, any secondary damage such as mold growth or drywall damage resulting from that leak would not be covered under this Warranty.) Proper ventilation, use of exhaust fans, and timely maintenance are the Owner’s responsibility to prevent mold or moisture problems.
Normal Wear and Tear & Cosmetic Issues: Normal aging, wear-and-tear, or minor cosmetic imperfections in the renovated area are not covered. This includes, but is not limited to: minor cracks in grout or caulking lines; slight variations or settling in tile leveling or alignment that do not affect the functionality or structural integrity; any peeling, chipping, or other deterioration of tub re-glazing or refinished surfaces over time; fading, discoloration, or weathering of paints, finishes, flooring, or materials due to age, sunlight, cleaning, or daily use; and other gradual changes or minor defects considered normal for the life of the materials. Such conditions are considered routine maintenance or natural characteristics of the materials, not defects in workmanship.
Appliances and Equipment: The performance, operation, or failure of any appliances, fixtures, or equipment that are part of the Project is not covered*by this Warranty, even if those items were purchased through Zicklin Homes or installed by our team. This includes (for example) kitchen or laundry appliances (refrigerators, stoves, ovens, dishwashers, washers/dryers, microwaves), HVAC units or water heaters, plumbing fixtures and fittings, lighting fixtures, or similar appliances and equipment.
*Manufacturer Warranties: Any such products may be protected by manufacturer’s warranties, and any defects or malfunctions in those products should be addressed with the manufacturer or supplier. Zicklin Homes’ responsibility is limited to the proper installation of these items (which is covered as workmanship), but not the functionality or future performance of the products themselves.
Misuse, Abuse, or Lack of Maintenance: Damage, failures, or defects caused by misuse, abuse, neglect, or improper maintenance by the Owner or any other person. The Owner is responsible for using the renovated area and all fixtures in a normal manner and performing routine maintenance. For example, failure to regularly re-caulk or seal areas exposed to water, using harsh chemicals or improper cleaning methods that damage surfaces, overloading cabinets or fixtures beyond their capacity, or otherwise not following care instructions for materials can result in damage that is not covered. Any deterioration or problems caused by the Owner’s (or a third party’s) negligence, improper use, or failure to follow recommended maintenance procedures are excluded from this Warranty.
Vandalism, Theft, or Pest Damage: Any damage due to vandalism, theft, riot, or other criminal acts, and any damage caused by *pests or infestations*such as insects (for example, termites or carpenter ants), rodents, or other wild animals. Zicklin Homes cannot be responsible for deliberate destruction or forces of nature in the form of pest damage. It is the Owner’s responsibility to secure the property and obtain pest control services as needed to prevent such issues.
If a claimed issue is found to result from any of the above Exclusions, it will not be covered by this Warranty. In such cases, any repairs or corrections can be performed by Zicklin Homes at the Owner’s request only at the Owner’s expense, or the Owner may choose to hire another professional. We will advise you if an issue you report is determined to fall under an exclusion.
Conditions That Void the Warranty
Certain actions or events will void this Warranty entirely, meaning all of Zicklin Homes’ obligations under this Warranty will terminate if they occur:
Unauthorized Alterations or Repairs: Any further renovation, construction, modification, or demolition work in the warranted area performed by anyone other than Zicklin Homes after the completion of our work will immediately void this Warranty. This includes any alterations, additions, or repairs made by the Owner or by any third-party contractor or individual to the work originally performed by Zicklin Homes. In other words, if someone else (or the Owner themselves) changes or disturbs the work that Zicklin Homes completed, then this 5-Year Limited Warranty is no longer in effect, even for portions of the work that were not directly altered. This voidance is necessary because subsequent work by others can introduce new variables and potential issues outside of Zicklin Homes’ control.
If the Warranty is voided under this section, Zicklin Homes will have no obligation to address any claims of defects or damage, even if the issue would have otherwise been within the Warranty coverage. Always contact Zicklin Homes first if you believe repair or modification is needed in the renovated area, to avoid unintentionally voiding your warranty.
(Note: Simply using or living in the renovated area as intended will not void the Warranty. This clause applies to substantial work or alterations on the covered Project. Cosmetic changes like painting the walls or other routine activities by the Owner will not void the warranty; however, damage caused by any such activities would not be covered.)
Warranty Claims Procedure
If an Owner believes there is a defect in Zicklin Homes’ workmanship that is covered under this Warranty, the Owner must follow the procedure below to make a warranty claim. Strict compliance with this procedure is a condition of this Warranty.
Notify Zicklin Homes in Writing: The Owner must provide written notice to Zicklin Homes describing the alleged defect in detail. This written notice must be sent within thirty (30) days after the defect is discovered (or ought to have been discovered), and in any event no later than the final day of the 5-year warranty period. Prompt notification allows issues to be addressed before they worsen.
The notice should include a clear description of the problem, the date you first observed it, and the location in the project (e.g., "leak under sink in remodeled bathroom," or "cracking in tile grout on kitchen backsplash").
If possible, include photographs or other documentation to illustrate the issue. This can aid in evaluating the claim.
Where to Send: Submit your written notice via a method that provides proof of delivery. For example, you may send a detailed email to [Zicklin Homes warranty support email] or a certified letter to our business address. Retain a copy of your notice and proof that it was sent/received.
Scheduling Inspection: After receiving the written notice, Zicklin Homes will contact you to discuss the issue and, if the information suggests a covered defect, will schedule a prompt inspection of the reported problem. The inspection allows us to verify the nature and cause of the defect. The Owner must provide reasonable access to the property and the affected area for Zicklin Homes or its representatives to perform this inspection. In some cases, Zicklin Homes may request additional details or troubleshooting information from the Owner before the inspection to help determine if the issue might be covered.
Determination of Coverage: Following the inspection, Zicklin Homes will determine whether the reported issue is covered under this Warranty or excluded/void (per the sections above). We may also engage third-party experts or manufacturers if needed to assess the cause of the problem.
If the issue is covered (i.e., it is a defect in our workmanship within the warranty period, and not subject to any exclusion or voiding condition), Zicklin Homes will proceed with the remedy as described in step 4.
If the issue is not covered (for example, it falls under an exclusion such as water damage from a plumbing line we did not work on, or it occurred after someone else altered our work, etc.), Zicklin Homes will notify the Owner in writing of this determination. We will explain the general reason for denial of the warranty claim (e.g., "Not Covered – Damage caused by leaking pipe not installed by Zicklin Homes"). In such case, any repair by Zicklin Homes would be considered new work and would be offered via a separate proposal at the Owner’s expense.
Warranty Service/Remedy (If Covered): If a defect is confirmed to be covered, Zicklin Homes will repair or correct the defect, at our expense, within a reasonable time frame. The method of repair or correction will be determined by Zicklin Homes in its discretion, and will aim to restore the affected element to the standards of the original contract. In some cases, this may involve repair of the existing work; in others, replacement of a component or re-installation might be appropriate.
Reasonable Match: In performing warranty repairs, Zicklin Homes will attempt to match the original materials and finishes as closely as reasonably possible. However, the Owner acknowledges that exact matches may not be feasible due to dye lots, discontinued products, aging, or other factors. Minor variations in appearance between original and repair work shall be considered acceptable and will fulfill Zicklin Homes’ obligations.
No Extension of Warranty: Warranty repairs or replacements do not extend the original warranty period. Any part of the Project repaired or replaced under this Warranty will be warranted only for the remainder of the original 5-year term (measured from the Project completion date).
Limited to Original Scope: The warranty service will address only the specific defect covered by this Warranty. It does not include improvements or modifications beyond the original scope of work.
Follow-Up: After the repair, the Owner should promptly inspect the corrected work. If you believe the issue was not resolved, you must notify Zicklin Homes in writing within 10 days of the repair. We will make additional efforts, if necessary, to ensure the repair was effective. If no further complaint is received within 10 days after a warranty repair, the issue will be deemed resolved to the Owner’s satisfaction.
IMPORTANT: Failure to adhere to the above claims procedure (for example, not providing timely written notice of a defect, or not allowing Zicklin Homes to inspect and repair the issue) may result in denial of your claim and relieve Zicklin Homes of any obligation to remedy that defect under this Warranty. Do not proceed with unauthorized repairs if you wish to remain eligible for coverage; contact us first.
Limitation of Liability
To the fullest extent permitted by law, Zicklin Homes’ liability for any claim or dispute arising out of the work or this Warranty is strictly limited. By accepting this Warranty, the Owner acknowledges and agrees to the following limitations on Zicklin Homes’ liability:
No Indirect or Consequential Damages: Under no circumstances shall Zicklin Homes be liable for any indirect, incidental, special, or consequential damages whatsoever. This exclusion includes, but is not limited to, loss of use of your home or the renovated area during repairs, alternative accommodation costs, loss of income or rental revenue, inconvenience, storage expenses, personal property damage, or any other secondary loss or damage that may result from a defect in the work or from repair delays.
Zicklin Homes will also not be responsible for any personal injuries or mental anguish claimed to arise from any defect or repair process. (Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to the extent prohibited by law.)
Monetary Cap on Liability: In any event, and to the maximum extent permitted by law, the total aggregate liability of Zicklin Homes for any and all claims arising out of or relating to the Project or this 5-Year Limited Warranty (including claims of breach of contract, negligence, or other faults) shall not exceed the total amount actually paid by the Owner to Zicklin Homes for the portion of the work giving rise to the claim. This means the compensation for any covered defect is essentially limited to the cost of repair or replacement of that work, and will not exceed the price originally charged for that portion of the Project.
Exclusive Remedy: The Owner’s exclusive remedy for any covered defect in workmanship shall be the repair or correction of that defect by Zicklin Homes, as stated in this Warranty. The Owner agrees that this exclusive remedy shall apply even if it is deemed to fail of its essential purpose. No other remedy (such as reimbursement, damages, or specific performance) is available against Zicklin Homes for matters covered by this Warranty, except where such limitation is disallowed by law.
Disclaimer of Other Warranties
This document contains the entire warranty provided by Zicklin Homes for its work. No other warranties or guarantees, express or implied, are made. Specifically:
No Oral or Implied Warranties: No representative, employee, or agent of Zicklin Homes is authorized to make any oral or written promises, representations, or warranties other than those stated in this written Warranty. Any such statements do not constitute warranties and should not be relied upon by the Owner. Furthermore, to the fullest extent allowed by law, Zicklin Homes disclaims all implied warranties, including but not limited to any implied warranties of merchantability, habitability, quality, or fitness for a particular purpose. If an implied warranty cannot be disclaimed under law, then the duration of such implied warranty is limited to the shortest period permitted, and in no case will extend beyond the 5-year term of this Limited Warranty. (Note: Some jurisdictions do not allow the exclusion or limitation of implied warranties, so certain disclaimers in this section may not apply to you. This Warranty gives you specific legal rights; you may also have other rights which vary from state to state.)
No Warranty on Materials or Designs by Owner: Zicklin Homes does not warrant any materials, products, or equipment supplied by the Owner or by third parties (if any were used in the Project at the Owner’s request), nor any particular design, layout, or specification provided or insisted upon by the Owner against Zicklin Homes’ advice. If a failure or issue is due to a design choice or material that the Owner selected against our recommendation, it is not covered by this Warranty.
Third-Party Warranties: The Owner’s sole recourse for defects in manufactured products or materials (such as appliances, windows, fixtures, etc., that were incorporated into the Project) shall be against the manufacturers or suppliers of those items under their respective warranties, if any. Zicklin Homes will reasonably assist in providing documentation for you to make such claims, but we do not assume responsibility for the outcomes of third-party warranty claims.
General Provisions
Governing Law: This Warranty, and any disputes arising from it or from the work performed, shall be governed by the laws of the State of New York (or, if the project is located in a different state, the laws of that state will govern). Any action or proceeding related to this Warranty shall be brought in the appropriate state or federal courts located in that state, unless arbitration is required by the contract.
Severability: If any provision of this Warranty is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision will be deemed modified to the minimum extent necessary to make it enforceable, unless that is prohibited by law, in which case it shall be severed from this Warranty.
No Waiver: Zicklin Homes’ failure to enforce any term or condition of this Warranty on one or more occasions shall not constitute a waiver of our right to enforce that term or any other term in the future.
Assignment: This Warranty is personal to the original Owner and the specific property where the Project was completed. The Owner may not transfer or assign this Warranty to any subsequent owner of the property or to any other party without the prior written consent of Zicklin Homes. Any unauthorized transfer of the warranty will be void.
Headings: The section headings in this document are for convenience and clarity only; they do not define or limit the scope of any provisions of this Warranty.
By accepting the completed Project from Zicklin Homes, the Owner acknowledges understanding and agreement to the terms above. This 5-Year Limited Warranty provides specific legal rights to the Owner. You may have other rights, which vary based on state or local law. Nothing in this Warranty is intended to unlawfully restrict or circumvent any mandatory rights you have under the law. In the event of any conflict between this Warranty and applicable law, applicable law shall prevail, and this Warranty shall be deemed modified to the extent necessary to comply with such law.
For any questions or clarifications regarding this Warranty or to report a potential issue, please contact Zicklin Homes at 7185502779 We value our customers and will work diligently to ensure your satisfaction within the bounds of this Warranty. Thank you for choosing Zicklin Homes for your renovation project.