Common use of MILDEW AND MOLD Clause in Contracts

MILDEW AND MOLD. Mold and mildew are naturally occurring substances. Whether or not Buyer experiences mold and mildew growth depends largely on how the improvements constructed on the Premises are managed and maintained. The Seller’s responsibility as homebuilder is limited to things directly in Seller’s control. As explained in Limited Warranty, Seller will repair or replace defects in Seller’s construction (defects defined as a failure to comply with reasonable standards of residential construction) for a period of one year. However, due to the inherent difficulty in determining the cause of mold and mildew growth, it is hereby agreed that Seller will not be responsible for any mold or mildew grown in the improvements nor damage caused by mold, mildew, or any other similar substance, that may be associated with defects in Seller’s construction, including, but not to be limited to, Premises damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, and adverse health effects, or any other effects. Any implied warranties related to same are hereby waived and disclaimed.