The limitations and exclusions contemplated under section 13(2)(b)(i) of the Act in respect of which a home builder is not liable for loss, damage, destruction or threat of collapse are—
| (a) |
willful acts or willful omissions of the housing consumer or persons residing in the home; |
| (b) |
fire, explosion, lightning or damage caused by a third party; |
| (c) |
storm, flood or earthquake or any other convulsion of nature; |
| (d) |
structural alterations, repairs, modifications or alterations to the home as originally constructed and which affected the original structure of the home; |
| (e) |
inadequate maintenance or abnormal use of the home or the imposition of any load greater than that for which the structure of the home was designed or the use of the home for any purpose other than that for which it was designed; |
| (f) |
subsidence or landslip from any cause not related to non-compliance with the NHBRC technical requirements; |
| (g) |
any change in colour, texture, opacity or staining or other aging process; |
| (h) |
pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds or the impact of aircraft or other aerial devices or articles dropped or falling therefrom; |
| (i) |
destruction of or damage to the home or any loss of expense arising therefrom, or any liability of whatsoever nature related to ionising radiations or contamination by radio-activity from whatever cause or from nuclear weapons material; |
| (j) |
war, invasion, act of foreign enemy, hostilities (whether declared or not), civil war, revolution, rebellion, insurrection or military or usurped power, strike, riot, civil commotion; |
| (k) |
loss of damage to any finishes unless they must be repaired or replaced due to a major structural defect in the residential structure; |
| (l) |
wear and tear, deterioration caused by neglect or damage occasioned by the failure of the housing consumer timeously to notify a home builder of any defects; |
| (m) |
any costs, loss or liability for which compensation is provided by other legislation; |
| (n) |
anything which is of a petty nature which any reasonable home owner or housing consumer could be expected to rectify him or herself; |
| (o) |
misuse or abnormal use of private drainage system. |
Statistics Act, 1999
