but not limited to specific
performance.
6
Section 6
Warranties
6.1 SELLER WARRANTS THAT THE PURCHASED UNITS AND THE COMMON ELEMENTS IN
THE CONDOMINIUM ARE SUITABLE FOR THE ORDINARY USES OF REAL ESTATE OF ITS TYPE
AND ANY IMPROVEMENTS MADE OR CONTRACTED FOR BY SELLER, OR MADE BY ANY PERSON
BEFORE THE CREATION OF THE CONDOMINIUM, SHALL BE: (I) FREE FROM DEFECTIVE
MATERIAL; AND (II) CONSTRUCTED IN ACCORDANCE WITH APPLICABLE LAW, ACCORDING TO
SOUND ENGINEERING AND CONSTRUCTION STANDARDS, AND IN A WORKMANLIKE MANNER. IN
ORDER TO MAKE ANY WARRANTY CLAIM AGAINST SELLER, PURCHASER MUST NOTIFY SELLER IN
WRITING WITHIN THE TWO YEAR PERIOD PROVIDED FOR IN SECTION 6.6 AS TO ANY DEFECTS
COVERED BY THESE WARRANTIES.
6.2 THE WARRANTY DESCRIBED HEREIN SHALL BE IN LIEU OF ANY OTHER WARRANTY,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF ANY OTHER OBLIGATION
ON THE PART OF SELLER. ALL OTHER WARRANTIES WITH RESPECT TO THE PURCHASED UNITS
SOLD HEREUNDER ARE HEREBY DISCLAIMED, TO THE EXTENT PERMITTED BY LAW, WHETHER
IMPLIED OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, CUSTOM AND PRACTICE,
OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, HABITABILITY, MERCHANTABILITY, AND
FITNESS FOR PURPOSE. ANY OTHER PRESENTATIONS, STATEMENTS OR PROMISES MADE BY ANY
PERSON ARE UNAUTHORIZED AND ARE NOT BINDING UPON SELLER. THE WARRANTY DESCRIBED
HEREIN DOES NOT APPLY TO ANY MANUFACTURED ITEM SUCH AS APPLIANCES, FIXTURES,
EQUIPMENT, OR ANY OTHER ITEM WHICH IS COVERED BY A MANUFACTURER'S WARRANTY.
6.3 THE PARTIES AGREE THAT THE PURCHASER'S SOLE AND EXCLUSIVE REMEDY
AGAINST THE SELLER SHALL BE FOR THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS OR
MATERIALS AS PROVIDED HEREIN. THE PURCHASER AGREES THAT NO OTHER REMEDY
(INCLUDING BUT NOT LIMITED TO INCIDENTAL OR CONSEQUENTIAL DAMAGES) SHALL BE
AVAILABLE TO PURCHASER.
6.4 PURCHASER ACKNOWLEDGES THAT PURCHASER HAS READ AND UNDERSTOOD THIS
PROVISION, AND THAT PURCHASER UNDERSTANDS AND AGREES THAT, BY ENTERING INTO THIS
CONTRACT AND ACCEPTING THE BENEFITS OF ANY EXPRESS WARRANTIES INCORPORATED
HEREIN, PURCHASER HAS KNOWINGLY RELINQUISHED ANY AND ALL OTHER WARRANTIES OF ANY
KIND OR NATURE.
6.5 AS TO THE PERSONAL PROPERTY AND AS TO ANY OTHER CONSUMER PRODUCT (AS
THAT TERM MAY BE DEFINED UNDER APPLICABLE FEDERAL AND STATE LAWS) WHICH MAY BE
CONTAINED IN THE PURCHASED UNITS, SELLER NEITHER MAKES NOR ADOPTS ANY WARRANTY
OF ANY NATURE REGARDING SUCH PERSONAL PROPERTY AND OTHER CONSUMER PRODUCTS AND
SPECIFICALLY EXCLUDES AND DISCLAIMS EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY FOR A PARTICULAR PURPOSE.
6.6 THE UNIFORM CONDOMINIUM ACT OF MISSOURI (THE "ACT"), CHAPTER 448,
PROVIDES A SIX (6) YEAR STATUTE OF LIMITATIONS FOR THE FILING OF ANY ACTION
RESULTING FROM THE BREACH OF ANY WARRANTY REFERENCED ABOVE OR PRESCRIBED IN THE
ACT. PURCHASER AND SELLER MUTUALLY AGREE, HOWEVER, TO LIMIT THE PERIOD OF THE
STATUTE OF LIMITATIONS FROM SIX (6) YEARS TO TWO (2) YEARS AS PERMITTED BY
SECTION 448.4-116 OF THE ACT. ON OR BEFORE THE CLOSING DATE SELLER SHALL SIGN