1. Guarantees

Lifetime Structural Guarantee

Our LIFETIME Structural Guarantee is given to YOU, the original owner named within the building contract. This Lifetime Structural Guarantee is in addition to any statutory Warranty insurance guarantee in force within the relevant state of Australia.

Subject to the terms below, this LIFETIME Structural Guarantee is not transferable to subsequent owners of the home.

This LIFETIME Structural Guarantee will cover your home from structural failure, specifically the foundation and any structural members/components of the timber wall frames & the roof framing but does exclude the following:

(a) Structural Failure due to misuse or neglect. 

Structural Failure caused by neglect and or failure on your part to properly maintain your home or by the misuse of your home will not be covered under this LIFETIME Structural Guarantee (including, without limitation any works such as excavations that affect the Foundations and/or repairs by unqualified or unauthorised personnel). In addition to other maintenance precautions, you should have regard to the relevant State footing Guide as referenced within this document (such as CSIRO’s Guide to Foundation Maintenance and Footing Performance on how to care for your new home after completion). Failure on your behalf to carry out proper maintenance or improper use of the fittings or fixtures on your land including, drains, pipes, pits, plumbing works, electrical wiring will not be covered by this LIFETIME Structural Guarantee.

(b) Structural Failure due to Environmental factors.

Failure and/or damage caused by natural forces or events, including weather, storm, fire, rain, flood, earthquake, wind and any termite damage is not covered under this LIFETIME Structural Guarantee. These forces or events can cause damage to roofs, windows, and other parts of the house, this includes adjoining/neighbouring properties with trees and surface water run off. You should consider building insurance for your home and regular termite inspections. In the event of such damage, you should contact your insurance company so that any repairs and rectification work can be put into effect as soon as possible.

(c) Structural Failure due to Natural causes & poor site drainage. 

Defects and/or damage to the footing system that arise due to abnormal site conditions and or changes to site conditions (other than seasonal changes), such as planting trees and tree species, inappropriate planting of garden beds, poorly designed landscaping and poor surface drainage will not be covered under this LIFETIME Structural Guarantee. For information and guidance on your landscaping that will help prevent a structural failure and or damage to your house you should refer to the guides as referenced in this document such as the CSIRO’s Guide to Foundation Maintenance and Footing Performance.

(d) Defects due to any modifications. 

Any structural modifications made to the existing home after handover including any additions, alterations, extensions or renovations will void this LIFETIME Structural Guarantee.

Limitations

We will rectify at our cost the structural failure of any of the following:

Any Foundation systems installed by Simonds Homes, concrete and or strip footing designs pursuant to the Building Code of Australia and all relevant Australian Standards including AS2870, Appendix B.

NOTE-Structural failure is defined as ‘Damage Category 3’ or higher (AS2870) for a structural failure to exist.

Structural timbers and steel in wall or roof framing where structural failure is defined pursuant to the Building Code of Australia and all relevant Australian Standards including AS1684.

Resultant damage to Brickwork where structural Foundation failure is defined pursuant to the Building Code of Australia and all relevant Australian Standards including AS4773.

This Structural Lifetime Guarantee is only provided to the original home owner.

Your Responsibility

You are required to maintain your own home in accordance with the documents provided to you as part of your Building contract, your approved Engineering, Handover settlement pack and any of the applicable documents referred to below specific to your relevant State. Failure to do so will void this LIFETIME Structural Guarantee.

VIC-CSIRO Guide - Foundation Maintenance and Footing Performance: A Homeowner’s Guide and the VBA Footing Guide- “Minimising foundation movement and damage to your house”.

NSW-CSIRO Guide - Foundation Maintenance and Footing Performance: A Homeowner’s Guide.

QLD-STA Document, The BSA document and The QBCC- A Guide to Preventing Structural Damage.

SA-CSIRO Guide - Foundation Maintenance and Footing Performance: A Homeowner’s Guide.

More information

For more information regarding our LIFETIME Structural Guarantee please call us on 1300 SIMONDS or visit www.simonds.com.au.

The LIFETIME Guarantee is offered to the original owners named within the signed building contract effective from 1st July 2018.

Fixed Guarantee Price

1. Simonds reserves the right to adjust the contract price, under the terms and conditions of the building contract (and any other document considered by Simonds as ancillary to the operation of the building contract) including:

(a) Where you have not provided essential information to Simonds (including proof of ownership, unconditional financial approval or any other documents required to progress construction) within the time period stipulated under the building contract;

(b) When an adjustment to the contract price is required for reasons outside of Simonds’ control (including for any requirements of a statutory authority, developer and/or any other third-party rights);

(c) When variations to the inclusions or specifications have been requested by you; or

(d) Where you are in breach of the terms and conditions of the building contract.

2. With respect to house and land packages:

(a) Simonds is only responsible for the building contract and does not accept any liability associated with the purchase of land;

(b) You are required to enter a separate contract for the purchase of land (being the subject of the building contract) with the relevant third-party;

(c) House and land package prices do not include stamp duty, legal fees or other costs charged in respect of the purchase of the land; and

(d) Simonds reserves the right to withdraw a house and land package, at any time, without notice.

3. Advertised prices are specifically in reference to the home only and do not include costs associated with site preparation, estate and covenants costs, developer guidelines or any other costs which are finalised at the time a building contract is entered between you and Simonds.

Guaranteed Site Start

1. Any date provided by Simonds, concerning the commencement and completion of work under the building contract must be read in conjunction with the terms of the building contract (and any other document considered by Simonds as ancillary to the operation of the building contract).

2. Simonds reserves the right to push back any date concerning the commencement and completion of work under the building contract, subject to the terms and conditions of the building contract.

More information

For more information regarding our LIFETIME Structural Guarantee please call us on 1300 SIMONDS or visit www.simonds.com.au.

The LIFETIME Guarantee is offered to the original owners named within the signed building contract effective from 1st July 2018.

2. Imagery

All images are for illustrative purposes only and may not represent the final product as shown and should be used as a guide only. Images include examples of upgrade items (available for additional costs), and other items not supplied by Simonds Homes (e.g. furniture, landscaping), floor plans and inclusion options that are no longer available. Please speak with our Sales Consultants for actual working drawings for available façade options and inclusions. All information shown on www.simonds.com.au is owned by Simonds Group and is subject to the Copyright Act 1968. The materials used on www.simonds.com.au should not be reproduced wholly or in part without the express written permission of Simonds Group. While every effort is made to provide accurate information, Simonds Homes does not warrant that www.simonds.com.au is free from errors or omissions, and does not accept responsibility for any loss, damage or cost associated.

3. Price holds

Elite Range Homes

12 months from date of payment of the Initial Fee

Elevate Range Homes

12 months from date of payment of the Initial Fee

Emerge Range Homes

12 months from date of payment of the Initial Fee

4. Inclusions

Elite Inclusions - "Say hello to a new standard"

Simonds Homes Elite 2024 inclusions are based on the standard house plans. Additional costs will be incurred for structural changes and the selection of some design options. Please speak to your New Home Specialist for clarification. 

Simonds Homes reserves the right to substitute the make, model or type of any of the above products in the event that Simonds Homes changes suppliers, or due to the product being unavailable or no longer being compliant. Inclusions to be read in conjunction with standard house design plans. Simonds Homes is not obligated to provide a credit where the design constraints of your selected house type do not allow for upgraded inclusions.

All photographs in this brochure and on our website are for illustration purposes only and include examples of upgrade items that are not included. Display items such as furniture, lighting fittings, security system, fireplaces, air conditioning, carpets and floor tiling (to areas other than wet areas), landscaping, fencing, driveway and paving are not included.

Simonds Homes reserves the right to withdraw or alter these inclusions without notice. Simonds Homes Elite 2024 Inclusions effective 1 May 2024. 

Elevate Inclusions - "Say hello to a new standard"

Simonds Homes Elevate 2024 inclusions are based on the standard house plans. Additional costs will be incurred for structural changes and the selection of some design options. Please speak to your New Home Specialist for clarification. 

Simonds Homes reserves the right to substitute the make, model or type of any of the above products in the event that Simonds Homes changes suppliers, or due to the product being unavailable or no longer being compliant. Inclusions to be read in conjunction with standard house design plans. Simonds Homes is not obligated to provide a credit where the design constraints of your selected house type do not allow for upgraded inclusions.

All photographs in this brochure and on our website are for illustration purposes only and include examples of upgrade items that are not included. Display items such as furniture, lighting fittings, security system, fireplaces, air conditioning, carpets and floor tiling (to areas other than wet areas), landscaping, fencing, driveway and paving are not included.

Simonds Homes reserves the right to withdraw or alter these inclusions without notice. Simonds Homes Elevate 2024 Inclusions effective 1 May 2024. 

Emerge Inclusions - "Say hello to a new standard"

Simonds Homes Emerge 2024 inclusions are based on the standard house plans. Additional costs will be incurred for structural changes and the selection of some design options. Please speak to your New Home Specialist for clarification.  Simonds Homes reserves the right to substitute the make, model or type of any of the above products in the event that Simonds Homes changes suppliers, or due to the product being unavailable or no longer compliant. Inclusions to be read in conjunction with standard house design plans. Simonds is not obligated to provide a credit where the design constraints of your selected house type do not allow for upgraded inclusions. 

All photographs in this brochure and on our website are for illustration purposes only and include examples of upgrade items that are not included. Display items such as furniture, lighting fittings, security system, fireplaces, air conditioning, carpets and floor tiling (to areas other than wet areas), landscaping, fencing, driveway and paving are not included.

Simonds Homes reserves the right to withdraw or alter these inclusions without notice. Simonds Homes Emerge 2024 Inclusions effective 1 May 2024. 

5. Promotions

"Receive $32K worth of upgrades for just $5K" - Elite Promotion

For a limited time only, Simonds are giving customers who purchase an Elite range home within the Simonds Homes Victorian build zone up to $32,000[2] worth of upgrade packs when customers spend $5,000 on upgrades to their Elite home, included in their building contract, subject to the below terms and conditions (Offer):

1.     This Offer commences on 1 May 2024 at 12:00am (AEST).

2.     Simonds Homes reserves the right to vary and/or withdraw this Offer at any time.

3.     The Offer is only valid on Simonds Homes Victoria build zones. Speak to your New Home Specialist for more information on Simonds Homes build zones.

4.     The Offer is only available to customer(s) who purchase an Elite range home in a Simonds Homes Victoria build zone and is subject to the customer(s):

(a)   paying the initial fee to Simonds Homes within fourteen (14) days of receiving all sales documentation (provided to the customer(s) by Simonds Homes) [1];

(b)   signing all sales documentation (where applicable) and returning to Simonds Homes within fourteen (14) days of receiving all sales documentation (provided to the customer(s) by Simonds Homes) [1]; and

(c)   having their new home file sales accepted by Simonds Homes within fourteen (14) days of paying their initial fee to Simonds Homes [1].

5.     This Offer is not available in conjunction with any other Simonds Homes offer.

6.     The Offer is not redeemable for cash. Simonds Homes is not obligated to provide a credit where the design constraints of your selected house type do not allow for upgraded inclusions.

7.     This Offer is limited to one discount per building contract.

8.     Simonds Homes reserves the right to substitute similar products to those referred to in this promotion should an item not be available.

9.     All prices are correct at the time of publication (April 2024) and may vary depending on build region.

10.  The Offer must be read in conjunction with the building contract and these terms and conditions.

[1] Sales documentation includes but is not limited to the initial terms and conditions, a sales advice estimate and a preliminary agreement.

[2] The $32,000 value is based on the total recommended retail price of upgrade items for the Tallowood 52 double storey home design, from the Simonds Homes Elite range, built in the Simonds Homes Metropolitan Victoria build zone.

Please speak to a Simonds Homes consultant for more information and visit simonds.com.au for full details.

"Receive $15K worth of upgrades for just $5K" - Elevate Promotion

For a limited time only, Simonds are giving customers who purchase an Elevate range home within the Simonds Homes Victorian or Queensland build zones up to $15,000[2] worth of upgrade packs when customers spend $5,000 on upgrades to their Elevate home, included in their building contract, subject to the below terms and conditions (Offer):

1.     This Offer commences on 1 May 2024 at 12:00am (AEST).

2.     Simonds Homes reserves the right to vary and/or withdraw this Offer at any time.

3.     The Offer is only valid on Simonds Homes Victoria or Queensland build zones. Speak to your New Home Specialist for more information on Simonds Homes build zones.

4.     The Offer is only available to customer(s) who purchase an Elevate range home in a Simonds Homes Victoria or Queensland build zone and is subject to the customer(s):

(a)   paying the initial fee to Simonds Homes within fourteen (14) days of receiving all sales documentation (provided to the customer(s) by Simonds Homes) [1];

(b)   signing all sales documentation (where applicable) and returning to Simonds Homes within fourteen (14) days of receiving all sales documentation (provided to the customer(s) by Simonds Homes) [1]; and

(c)   having their new home file sales accepted by Simonds Homes within fourteen (14) days of paying their initial fee to Simonds Homes [1].

5.     This Offer is not available in conjunction with any other Simonds Homes offer.

6.     The Offer is not redeemable for cash. Simonds Homes is not obligated to provide a credit where the design constraints of your selected house type do not allow for upgraded inclusions.

7.     This Offer is limited to one discount per building contract.

8.     Simonds Homes reserves the right to substitute similar products to those referred to in this promotion should an item not be available.

9.     All prices are correct at the time of publication (April 2024) and may vary depending on build region.

10.  The Offer must be read in conjunction with the building contract and these terms and conditions.

[1] Sales documentation includes but is not limited to the initial terms and conditions, a sales advice estimate and a preliminary agreement.

[2] The $15,000 value is based on the total recommended retail price of upgrade items for the Willandra 34 double storey home design, from the Simonds Homes Elevate range, built in the Simonds Homes Metropolitan Victoria build zone.

Please speak to a Simonds Homes consultant for more information and visit simonds.com.au for full details.

"Double Your Money" - Emerge Promotion

For a limited time only, Simonds are giving customers who purchase an Emerge range home within the Simonds Homes Victoria, Queensland, or South Australian build zones up to $10,000[2] worth of upgrade packs when customers spend $5,000 on upgrades to their Emerge home, included in their building contract, subject to the below terms and conditions (Offer):

1.     This Offer commences on 1 May 2024 at 12:00am (AEST).

2.     Simonds Homes reserves the right to vary and/or withdraw this Offer at any time.

3.     The Offer is only valid on Simonds Homes Victoria, Queensland and South Australia build zones. Speak to your New Home Specialist for more information on Simonds Homes build zones.

4.     The Offer is only available to customer(s) who purchase an Emerge range home in a Simonds Homes Victoria, Queensland or South Australia build zones and is subject to the customer(s):

(a)   paying the initial fee to Simonds Homes within fourteen (14) days of receiving all sales documentation (provided to the customer(s) by Simonds Homes) [1];

(b)   signing all sales documentation (where applicable) and returning to Simonds Homes within fourteen (14) days of receiving all sales documentation (provided to the customer(s) by Simonds Homes) [1]; and

(c)   having their new home file sales accepted by Simonds Homes within fourteen (14) days of paying their initial fee to Simonds Homes [1].

5.     This Offer is not available in conjunction with any other Simonds Homes offer.

6.     The Offer is not redeemable for cash. Simonds Homes is not obligated to provide a credit where the design constraints of your selected house type do not allow for upgraded inclusions.

7.     This Offer is limited to one discount per building contract.

8.     Simonds Homes reserves the right to substitute similar products to those referred to in this promotion should an item not be available.

9.     All prices are correct at the time of publication (April 2024) and may vary depending on build region.

10.  The Offer must be read in conjunction with the building contract and these terms and conditions.

[1] Sales documentation includes but is not limited to the initial terms and conditions, a sales advice estimate and a preliminary agreement.

[2] This amount is based on the total recommended retail price of the chosen upgrade packs for any Emerge home.

Please speak to a Simonds Homes consultant for more information and visit simonds.com.au for full details.

Upgrade to a roof made from COLORBOND® steel at no extra cost.

The promoter is Simonds Homes Victoria Pty Ltd ABN 35 050 197 610, Level 1, 570 St Kilda Rd VIC Australia. This promotion is only valid for customers who purchase a Simonds home design in Victoria from 7th June 2024 to 1st September 2024. Please refer to Simonds Homes Metropolitan Melbourne and Victoria Country build zones for geographical eligibility. To be eligible to upgrade to a roof made from COLORBOND® steel, participants must pay in full the $2,500 Preliminary Fee and whose file is Sales Accepted within 14 days from payment of the Initial Fee for a property in the Vic build zones. This promotion cannot be used with any other current promotions other than the “Double Your Money” Emerge promotion, “Receive over $15K worth of upgrades for just $5K” Elevate promotion, or “Receive over $32K worth of upgrades for just $5K” Elite promotion. Upgrade is to a roof made from COLORBOND® steel (custom orb profile) and excludes sarking. Not valid for COLORBOND® steel in a Matt finish, COLORBOND® steel Ultra steel or SUPERDURA®, where additional charges may apply. This promotion can be withdrawn or extended at any time by Simonds Homes. This promotion is not changeable or redeemable for cash. Extra charges may apply for changes during colour selection prior to contracts being signed. The price of the roof does not include any Seven Star Energy requirements or additional developer requirements. COLORBOND® steel colours must be selected in accordance with developer guidelines. COLORBOND® and SUPERDURA® are registered trademarks of BlueScope Steel Limited, ABN 16 000 011 058. All rights reserved. This promotion is administered by Simonds Homes and not BlueScope Steel Limited. To the maximum extent permitted by law, BlueScope Steel Limited is not responsible or liable for the administration of, nor liable for any damage or loss arising from, this promotion. Please direct any questions regarding this promotion to Simonds Homes. © 2023 Simonds Homes Victoria Pty Ltd - ACN:050 197 610 - CDB-U 49491.

Villawood Pays your Builder Deposit Promotion

For a limited time only, customer(s) who purchase a home from Simonds Homes (excluding spec homes and medium density products) on an eligible lot within the Villawood Alamora, Redstone, Armstrong, Coridale, Rathdowne and Sherwood Grange communities^ may be eligible to receive a contribution from Villawood of up to $25,000 applied to their deposit under a building contact, subject to the following terms and conditions (Offer)

1.   This Offer commences 22 June 2024 at 12.00am (AEST) and ends on 1 October 2024 at 5.00pm (AEST). 

2.   This Offer is based on the customer being eligible to receive a contribution of up to $25,000 from Villawood, as part of the “Villawood Pays Your Builder Deposit Up to 25k” promotion^, paid directly by Villawood to Simonds Homes as a Contribution towards the customer’s deposit under a building contract (Contribution). 

3.   This Offer is only available to customer(s) who purchase a home from Simonds Homes (excluding spec homes and medium density products) on an eligible lot within the Villawood Alamora, Redstone, Armstrong, Coridale, Rathdowne and Sherwood Grange communities^ and is subject to:

a)     the customer paying the initial fee to Simonds Homes within fourteen (14) days of receiving all sales documentation (provided to the customer(s) by Simonds Homes) [1][2]; 

b)     All sales documentation being signed by the customer (where applicable) and returned to Simonds Homes within fourteen (14) days of receiving all sales documentation (provided to the customer by Simonds Homes) [1]; 

c)     The customer having their new home file sales accepted by Simonds Homes within twenty-eight (28) days of paying their initial fee to Simonds Homes [2]; 

d)     The customer completing all Simonds Homes appointment milestones[2]. 

e)     The customer entering a building contract with Simonds Homes, for the construction of a home (excluding spec homes and medium density products), within one hundred and twenty (120) days of becoming the registered proprietor of the eligible lot^ [3][4]; and 

f)      The customer providing an executed copy of the building contract to an Oliver Hume representative (on behalf of Villawood) within one hundred and twenty (120) days of becoming the registered proprietor of the eligible lot^ [3]. 

4.   The Offer is not redeemable for cash or any other form of credit. 

5.   This Offer is limited to one Contribution per building contract. 

6.   Simonds Homes reserves the right to vary and/or withdraw this Offer at any time. 

7.   Simonds Homes reserves the right to substitute similar products to those referred to in this promotion should an item not be available. 

8.   All prices are correct at the time of publication (June 2024) and may vary depending on build region. 

9.   The Offer should be read in conjunction with the building contract and the customer acknowledges and accepts that nothing in these terms and conditions alters, varies or otherwise waives any rights of Simond Homes under the building contract. 

10.The Offer must be read in conjunction with the Simonds Homes terms and conditions www.simonds.com.au/vic/terms-and-conditions.

^An eligible lot within the Villawood Alamora, Redstone, Armstrong, Coridale, Rathdowne and Sherwood Grange communities is determined by Villawood at Villawood’s sole discretion. Terms and conditions apply. Please visit Villawood-Pays-Builders-Deposit-Terms.pdf (villawoodproperties.com.au) for full terms and conditions.

[1] Sales documentation includes but is not limited to the initial terms and conditions, a sales advice estimate and a preliminary agreement. 

[2] The initial fee must be paid by the customer(s) to Simonds Homes and the customer must have completed all Simonds Homes appointment milestones and had their new home file sales accepted by Simonds Homes no later than 4pm, 1 August 2024.   

[3] The building contract between Simonds Homes and the Customer must be fully executed and provided by the customer to Oliver Hume (on behalf of Villawood) by 4:59pm, 1 October 2024. 

Please speak to a Simonds Homes consultant for more information and visit simonds.com.au for full details.

Geelong Football Club - Round 19 Giveaway

Acceptance

1. The Schedule above and all other entry instructions and prize information published by the Promoter form part of these Terms and Conditions. Each Entrant confirms that they have read these Terms and Conditions and that entry into the Promotion constitutes acceptance of these Terms and Conditions. All capitalised terms used in these Terms and Conditions have the meaning given in the Schedule, unless stated. These Terms and Conditions constitute the entire terms and conditions between each Entrant and the Promoter with respect to the Promotion. The Promoter may alter, modify, or amend these Terms and Conditions and the Schedule at the Promoter’s sole discretion.

Entries

2. Entries must be received by the Promoter during the Promotional Period. All entries are deemed to be received at the time of receipt by the Promoter and may be subject to verification by the Promoter.

3. The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant to be invalid including where the Entrant:

a. fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or

b. has, in the opinion of the Promoter, engaged in conduct in entering the Promotion, which is fraudulent, misleading, deceptive, in breach of these Terms and Conditions or otherwise damaging to the goodwill or reputation of the Promotion or Promoter.

4. Entries must not be incomplete, incomprehensible, unlawful, or capable of violating any law or giving rise to a civil action, obscene, defamatory, or libelous, threatening or harassing, pornographic or contain nudity, hateful, offensive, incite or be capable of encouraging conduct that would be considered a criminal offence and in violation of the terms and conditions of the relevant social media platform used to enter the Promotion.

5. All entries immediately become and remain the property of the Promoter. By entering the Promotion, Entrant’s consent to any use of their entry by the Promoter which may otherwise infringe an Entrant’s moral rights in the entry material, including (without limitation), exercising any of the rights in the entry material without identifying the Entrant, and using the entry material in any way that the Promoter sees fit, even if it results in derogatory treatment of the entry material (as defined in the Copyright Act 1968 (Cth)).

Prize(s)

6. A Prize is not transferable and not redeemable for cash or other goods or services.

7. A Prize must be taken as a whole and as stated in these Terms and Conditions. No alternative will be provided, and no compensation will be payable if a Winner is unable to use a Prize.

8. If a Prize becomes unavailable for any reason, the Promoter, in its sole discretion, reserves the right to substitute a Prize with a prize of equal or greater value and/or specification.

9. Any Prize money payable to a Winner must be paid by electronic funds transfer to the account notified by the Winner to the Promoter (in writing) or as otherwise agreed.

10. If a Prize is not claimed by a Winner, the Winner of the Unclaimed Prize will be notified in accordance with the terms of the Unclaimed Prize Arrangement.

11. All costs and expenses associated with taking the Prize becomes the responsibility of the Winner. If a Prize is to be delivered directly to a Winner by a third-party supplier, the Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the Prize.

12. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

Consent to Materials

13. By entering, the Entrant agrees:

a. if requested by the Promoter, the Entrant will provide comments about the Promotion and/or a photo or audio-visual clip of themselves and participate in any promotional activity in connection with the Promotion or a Prize;

b. the Promoter may use their name, image, comments, photographs or audio-visual clips (Materials) for publicity and promotional purposes in any form of media, without reference or compensation to the Entrant or any other person;

c. the Promoter may license, authorise, or otherwise transfer the rights in the Materials to others to do the same; and

d. the Entrant unconditionally and irrevocably consents to any act or omission that would otherwise infringe any of their moral rights in the Materials and waive all moral rights in the Materials.

Social Media

14. The following terms apply to the extent that the Promotion is conducted on, advertised or

promoted on a social media platform owned by a third party (Platform Operator):

a. each Entrant acknowledges and agrees that the Promotion is in no way sponsored, endorsed,

or administered by, or associated with, any Platform Operator;

b. each Entrant releases each Platform Operator and its associated companies from all liabilities arising in respect of the Promotion;

c. to the extent relevant to the Promotion, the Promoter agrees, and each Entrant must agree to adhere to the prevailing terms and conditions of each Platform Operator;

d. Entrants understand that they are providing their information to the Promoter and not to the Platform Operator;

e. Entrants are solely responsible and liable for any content or information they transmit to other users of the Platform Operator; and

f. any questions, comments or complaints about the Promotion must be directed to the Promoter not the Platform Operator.

Privacy

15. If an Entrant’s contact details change between the date of entry and the Unclaimed Prize Determination, the Entrant must notify the Promoter of his/her updated contact details.

16. The Promoter is bound by the Privacy Act 1988 (Cth). Entrants’ personal information will be collected by or on behalf of the Promoter to enable it to conduct the Competition, publicise the name of the Winners and where Entrants have consented to the receipt of such information, send Entrants marketing, advertising, and promotional material. The Promoter’s use of personal information will be governed by these Terms and Conditions and the Promoter’s Privacy Policy which is available at -https://www.simonds.com.au/vic/privacy-policy.

17. Entrants’ personal information may be disclosed to third parties who assist the Promoter in conducting this Competition, including regulatory authorities, entities which supply and deliver the Prizes to the Winners, and marketing and communications agencies.

18. The Winners names will be published and retained as required by relevant legislation and as specified in these Terms and Conditions.

19. Entrant’s can contact the Promoter by mail at Level 4, 570 St Kilda Road, Melbourne VIC 3004 or by telephone on 1300 746 663 to request access to, or corrections of, the Entrant’s personal information held by the Promoter.

Liability

20. To the fullest extent permitted by law, the Entrant participates in this Competition, and the Winners use the Prize, at their own risk.

21. If this Competition is not capable of running as planned for any reason (including because of technical failures, fraud or causes beyond the Promoter’s control), the Promoter may, in its sole discretion, cancel, suspend, or change the Competition and re-commence it on similar terms, subject to any directions by regulatory authorities.

22. To the fullest extent permitted by law, the Promoter, its associated agencies and companies and those agencies and companies associated with or involved in the Promotion (including each of their respective directors, officers, employees, servants, contractors, and agents past and present):

a) assume no responsibility for any error, omission, interruption, defect, delay in operation or transmission, or loss or damage to data; and

b) exclude liability for all loss (including loss of data, unauthorised access to data and consequential loss), damage, expenses, death, or personal injury suffered or incurred arising out of, or in connection with, this Competition (including in relation to the Winner’s participation in this Competition and use of a Prize).

23. Nothing in these Terms and Conditions limits, excludes, or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010, as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 or similar State and Territory consumer protection laws (Non-Excludable Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter, its associated agencies and companies and those agencies and companies associated with or involved in the Promotion (including each of their respective directors, officers, employees, servants, contractors and agents past and present) are excluded from all liability (including negligence), for any personal injury or death; or any loss or damage; whether direct, indirect, special or consequential (including loss of opportunity and loss of profit), arising in any way out of the Promotion or the Prize.

24. The singular shall include the plural and vice versa and words importing one gender shall include every gender.

25. These Terms and Conditions are governed by the laws of Victoria.

ReadyNow By Simonds

10% Deposit

Reference to a deposit is a reference to the deposit payable by the customer to the registered proprietor of the land (being the land subject of the house and land package) under a sale of land contract between the customer and registered proprietor.

Progress Payments

Reference to progress payments is a reference to progress payments under a HIA Victorian New Homes Contract only and is not a reference to payments (including the balance of the purchase price under a sale of land contract) due and payable by the customer under a sale of land contract.

No alterations

All ReadyNow by Simonds homes include pre-determined floorplans, exterior facades/colours, interior colours and floorings, and the customer is not entitled to making any alterations whatsoever.

120 Days and Locked-In Completion Dates

The customer acknowledges and accepts that while Simonds will use reasonable endeavours to ensure construction of the home is completed within 120 days after purchase and/or by the Locked-In Completion Date:

(a)            factors outside of Simonds’ direct control may result in construction of the home not being completed within 120 days after purchase and/or by the Locked-In Completion Date. This includes:

(i)         delays caused by inclement weather;

(ii)        delays caused by suppliers of material and/or labour;

(iii)       disputes with neighbouring owners or residents, or proceedings brought or threatened by them against Simonds;

(iv)       civil commotion or industrial action affecting the work of tradespeople or the work of a manufacturer or suppliers of materials;

(v)        anything done or not done by either the customer or the registered proprietor of the property (including the developer);

(vi)       a delay in getting any approval arising out of or in connection with the construction of the home; and

(vii)      any other cause that is beyond Simonds’ director control.

(b)             Simonds accepts no responsibility for any loss, damage, cost, or expense (whether direct or indirect) suffered or incurred by the customer as a result of or in connection with any delays (including delays referred to in (a)) to the completion of construction.

First Home Buyer Government Grant Eligible

The customer acknowledges and accepts that any information given to it by Simonds about the customer’s eligibility for any government grant or scheme is general information only (“General Information”), and the customer confirms that they have made (or will make) its own independent enquiries about government grants or schemes and have not relied on the General Information for any purpose whatsoever.