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TERMS AND CONDITIONS FOR HOUSE & LAND PACKAGES

In these Terms and Conditions, the Developer means Evergreen Estate.

CONTRACTS

 

Each house and land package displayed or advertised consists of:

  • a land component; and

  • a home component,

each of which is sold separately of the other.

 

Purchasers will need to enter into:

  • a contract with the land vendor (“Developer”) for the purchase of the land (“Land Contract”); and

  • a separate contract with the relevant builder (“Builder”) for the construction of the house on the land (“Building Contract”)

 

The Developer is responsible for the sale of land only.  The Developer has no responsibility, liability or obligation whatsoever in relation to the actions of, or products offered by Builders and any matter in the Building Contract. 

 

The Developer have arrangements with certain Builders to participate in an Estate where House and Land Packages are offered.  The purpose of this is to enable us to provide you a referral to a participating Builder should you be interested in construction of a house on land in the Estate.  The Developer has no formal partnership or joint venture with Builders in respect of House and Land Packages displayed or advertised.   

 

Once a Land Contract and a Building Contract have been entered into, a Purchaser cannot select an alternative house and/or an alternative parcel of land under a House and Land Package, unless such change is first agreed to by the Developer and the Builder.  Where such a change is agreed to, prices and any promotional offers may also change.

 

If there is any inconsistency between these Terms and Conditions and the Land Contract or the Building Contract, then the terms of Land Contract or the Building Contract, as applicable, will prevail.

BUILDERS

 

Developer and Builders are separate and unrelated entities.  The Building Contract is between the Purchaser and the relevant Builder for the construction of the house on the land (Building Works).

 

The Developer is not and will not carry out the Building Works.  The Developer makes no representations and does not warrant that the Building Works (including any fixtures and fittings) when completed:

  • will be constructed using the same plans and specifications, standard of workmanship or quality of materials as were used for the construction of any display home or other homes constructed by the Builder; and

  • will be identical in every respect with any display home or promotional material used by the Developer or the Builder for sales purposes.

  • may differ in colours, finishies, facades, appliances and other inclusions in the Building Works to those that appear in any similar homes constructed by the Builder or promotional materials

 

The Developer will not be liable or responsible for:

  • any delay or failure by a Builder to enter into or perform a Building Contract;

  • any representations, statements or warranties made by the Builder (written or verbal);

  • any loss or damage arising out of relating to the Builder, Building Contract and/or Building Works including

    • the construction of, or failure to construct, a house;

    • any delays in construction of the house; or

    • any defects in construction.

 

Promotional offers, bonuses, incentives or upgrades (Extras) may be offered by a Builder.  The Developer accepts no liability or responsibility with regard to them.  Such Extras:

  • are not given by the Developer;

  • are subject to such eligibility criteria, terms and conditions as imposed by the Builder; and

  • do not form part of any offer or contract entered into by the Developer with any Purchaser.

PRICE

 

Prices for House and Land Packages:

  • are indicative only, correct at the time of publication and subject to change without notice;

  • may, unless otherwise advertised, be subject to any exclusions such as landscaping, fencing and any other exclusions nominated by us or a Builder; and

  • do not include stamp duties, registration fees, legal fees and any other fees or charges relevant to the acquisition of land or home or the construction of a house.  The Purchaser must pay these amounts.

 

Price for a house:

  • is based on the relevant Builder's standard specifications and inclusions for the house provided by the Builder,

  • may change as a result of a number of factors, including:

    • variations in the inclusion or specification of the house required by the Purchaser;

    • changes in the local, state or federal government laws; and/or

    • increases in cost of materials and other requirements which affect the house inclusions or specifications

  • unless a house is advertised as 'fixed price', the price may vary from the Building Contract.

 

Price for the land:

  • is subject to adjustments under the Land Contract, including local government rates and charges, land tax, council rates, water rates and charges and other statutory charges; and

  • may include conditional rebates on the Purchaser meeting requirements according to the Land Contract.

 

Prices and package details are not an offer to sell any house or land (or both).  By contract:

  • the price of a house can only be agreed pursuant to a Building Contract; and

  • the price of the land can only be agreed pursuant to a Land Contract.

AVAILABILITY

 

  • House and Land Packages are based on specific house and land combinations.  Alternative house and land combinations will be subject to availability and different pricing.  The House and Land Packages will only be available until sold and are subject to change without notice. 

  • The Developer will not be liable due to the inability to offer for sale a House and Land Package, or provide any aspect of the House and Land Package, due to circumstances beyond the control of the Developer.

VISUAL AIDS

 

Photos, images, plans and descriptions are intended to be a visual and descriptive aid only and:

  • may show items or inclusions which are not part of the House and Land Packages or the actual development

  • may contain inaccuracies or misdescriptions of the land and the  development including, but not limited to, location, size, use and boundaries as well as the location or existence of any facilities, amenities or services;

  • some photos, plans and images are subject to copyright property of Builders.

LIMITED LIABILITY

 

  • The Developer gives no warranty and makes no representation regarding the accuracy or sufficiency of any photo, image or description.

  • To the extent permitted under the Australian Consumer Law and any other applicable law, The Developer will not be liable for any loss or damage suffered or incurred by a Purchaser or any person who relied upon any advertising or other promotional material.

ENCUMBRANCES

 

  • Purchasers are responsible for ensuring that the house constructed on the land as part of the House and Land Package complies with all easements, restrictions, covenants (including building covenants), legislative requirements, including council and authority approvals and design requirements applicable to the land (Encumbrances).

  • Alterations may be required to be made  as part of the House and Land Package to ensure it complies with any Encumbrances applying to the land.  These alterations may increase the cost of construction.

GENERAL TERMS

 

  • All information provided by the Developer is subject to change without notice, including these terms and conditions.

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