TERMS AND CONDITIONS – LOTS 1132, 1142, 1143, 1145 AND 1146
In these terms and conditions:
Builder means the designated builder under the Building Contract;
Building Contract means an agreement with the Builder to construct a dwelling on the Lot;
Contract means a binding contract of sale entered into by the Seller and You in relation to a Lot;
House and Land Package means the house and land (each sold separately) to be provided to You under the Building Contract and the Contract;
Lot means the lot selected by You from lots 1132, 1142, 1143, 1145 and 1146 in the estate known as ‘Orchard, Tarneit’, Dohertys Road, Tarneit, Victoria;
Price means the advertised price of the House and Land Package on the Seller’s website https://orchardtarneit.com.au/eight-homes-house-and-land-promotion/; and
Promotional Material means any brochures or other materials designed to garner interest in House and Land Packages in the ‘Orchard, Tarneit’ estate.
Seller means Dahua Tarneit Project Pty Ltd ACN 616 234 827;
You means the purchaser under a Contract;
The following terms and conditions apply in relation to each of the Lots:
- This promotion is applicable only to Lots 1132, 1142, 1143, 1145 and 1146 in the estate known as ‘Orchard, Tarneit’, Dohertys Road, Tarneit, Victoria. The House and Land Packages offered are subject to availability.
- This promotion is not to be combined with any past, present or future promotions for Orchard Tarneit.
- You acknowledge that the Builder is not a related entity, subsidiary of, or otherwise connected with the Seller and that the Seller has no responsibility for the Builder’s obligations or actions under the Building Contract. This includes any representations or warranties, any defective Builder’s work, delays and failure by the Builder to perform all of its obligations under the Building Contract.
- You acknowledge that the Seller is not responsible or in any way liable for any loss (including but not limited to consequential and economic loss) suffered by You or any other third party that arises indirectly or directly as a result of the act or omissions of the Builder under the Building Contract.
- You will not be able to choose a different configuration of house and/or land for a House and Land Package, other than those offered to You, without the written consent of the Seller. You acknowledge that any change to the House and Land Package may affect the Price.
- You must enter into the Building Contract with the Builder within the time specified by the Builder to obtain the benefit of the home aspect of the House and Land Package. You acknowledge that it is Your responsibility to make appropriate enquiries with the Builder.
- You acknowledge that the Price is subject to change without notice. The Price does not include stamp duty and other government charges that may be or incurred under or in relation to either the Contract or the Building Contract.
- You acknowledge that the Price may be amended by the Building Contract and that it may not include excluded items under the Building Contract
- Images, plans, artistic renderings, photos, drawings and other visual representations on the Seller’s website and in the Promotional Material are indicative only and may contain errors regarding the description, size, boundaries, use and location of the land as well as in relation to the available amenities and facilities. The Promotional Material may also show additional or optional inclusions that do not form part of the House and Land Package.
- The Seller does not warrant the accuracy or reliability of any description or visual representation contained in any Promotional Material or on its website and will not be liable for any loss or damages suffered by You or any other third party that is incurred as a result of relying on those descriptions and/or visual representations.This exclusion of liability is subject to and limited by the obligations that cannot be excluded by law.
- You acknowledge that it is Your responsibility to make your own independent enquiries in respect of the Lot, House and Land Packages and other issues that may affect your decision to enter into a Contract or a Building Contract.
- The terms of this agreement are subject to the terms of the Contract. To the extent of any inconsistency between these terms and the terms of the Contract, the Contract will take precedence.
- The terms of this agreement are subject to the Building Contract. To the extent of any inconsistency between these terms and the terms of the Building Contract, the Building Contract will take precedence.
- The Seller has no liability or responsibility for any loss or damage suffered by You or any third party due to the inability of the Seller or the Builder to offer or complete the sale of a House and Land Package due to circumstances outside of the contract.