Terms & conditions - Victoria

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 up to $25,000

  • In these terms and conditions and all advertising material relating to the “Villawood will pay your builder’s deposit” promotion (Promotion), Villawood means Villawood Management Pty Ltd.

  • The Promotion runs from 9am (AEST) on 22 June 2024 and ends at 5pm (AEST) on 1 October 2024 or such later date notified by Villawood by providing at least fourteen days’ notice on www.villawoodproperties.com (Promotion Period).

  • The Promotion applies to residential lots at participating Villawood residential estates (Residential Estates) and builders participating in the Promotion (Builders). The Residential Estates are the Villawood residential estates known as Alamora, Armstrong, Coridale, Rathdowne, Redstone, and Sherwood Grange (but, for the avoidance of doubt, excluding Aspire, Kimberley, Imagine, Maidens Green, Frawleys Paddock, Drew’s Paddock, and Rhondda Park in Victoria, and residential developments in South Australia and Queensland). The nominated Builders are Metricon, Dennis Family, Arden, Simonds, Fairhaven, Glenvill, Singh, GJ Gardner, Ridgewater & Elements, Hudson Ridge, Mimosa, Hamlan and Geelong Homes.

  • Subject to paragraphs 7 and 10, the Promotion is available to each person (Purchaser) who:

    • during the Promotion Period:

      • enters into a contract (Land Contract) with a Villawood entity selling land at a Residential Estate for the sale of a residential lot at that Residential Estate (Lot); and

      • signs Villawood’s acknowledgement form that set outs the process for the Promotion; and

    • within 120 days of the date of settlement under the Land Contract, enters into a contract (Building Contract) with a Builder for the construction of a dwelling at the Lot (excluding medium density and spec homes).

  • Subject to paragraph 7 and 10, Purchasers will be entitled following settlement of the Land Contract to have Villawood (or a person or entity nominated by Villawood) pay to the Builder on the Purchaser’s behalf a contribution towards the deposit payable under the Building Contract, limited to a deposit of no more than 5% of the building contract price and up to a maximum amount of $25,000 (inc GST). If the 5% deposit payable under a Building Contract equals an amount less than $25,000, Villawood will pay (or procure to be paid) to the Builder the amount of the 5% as per the building contract price. If the 5% deposit exceeds $25,000, Villawood will pay (or procure to be paid) $25,000 to the Builder and the Purchaser will be obliged to pay to the Builder the amount of the deposit in excess of $25,000.

  • For the avoidance of doubt, Purchasers will be required to pay the full deposit under the Land Contract.

  • In order for a Purchaser to receive the benefit of the Promotion:

    • the Purchaser must provide Oliver Hume Real Estate Group Pty Ltd (Oliver Hume) with a copy of the executed Building Contract within 120 days of the date of settlement under the Land Contract; and

    • the Builder must provide Villawood with a copy of the executed Building Contract within 10 business days of entering into the Building Contract.

  • The Promotion is not available in conjunction with any other Villawood promotion or offer.

  • Villawood reserves the right to cancel, extend or make changes to the Promotion at any time.

  • Villawood reserves the right to withdraw any individual residential lots at a Residential Estate from the Promotion at any time.

  • Villawood gives no warranties and makes no representations about any Builder’s ability to enter into or perform a Building Contract, and the Purchaser accepts that they bear the risk of any Builder becoming insolvent prior to or during the construction of a dwelling at the Lot.  The Purchaser agrees that they will not make any claim against Villawood regarding these matters.

  • If a Building Contract is cancelled for any reason, the Purchaser is not entitled to the refund of any amount paid (or procured to be paid) by Villawood to the Builder on the Purchaser’s behalf pursuant to this Promotion.

  • If a Purchaser pays any form of commitment fee or initial deposit to a Builder, the treatment of that payment is a matter between the Purchaser and the Builder only.

  • Villawood will not be liable for any liability, loss, damage or expense (including but not limited to direct, indirect or consequential loss or loss of profits), or death or personal injury, suffered or incurred (whether or not arising from any person’s negligence) arising out of or in connection with this Promotion or a Building Contract (including any failure by a Builder to enter into or perform a Building Contract), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

  • These terms and conditions are governed by and are to be construed in accordance with the laws of Victoria.

  • If any part of these terms and conditions is found to be invalid by law, the rest of them remain valid and enforceable.

As of 19/06/24