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
Coronation Walk Townhomes
12 months from date of payment of Preliminary Fee
Wattlebrook Townhomes
12 months from date of payment of Preliminary Fee
4. Inclusions
Elite Inclusions - "Say hello to a new standard"
Our “$32k worth of upgrades for just $5K” promotion is available when purchasing an Elite range home, from Simonds, from 1 October 2024. This promotion provides customers, who purchase an Elite range home within the Simonds Victoria build zone, with $32,000* worth of upgrade packs when you spend $5,000 on upgrade packs to your Elite range home. This promotion is not redeemable for cash. Simonds is not obligated to provide a credit where the design constraints of your selected house type do not allow for upgraded inclusions. Terms and conditions apply. Please see simonds.com.au for more information. *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. 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 October 2024. VPB64. © 2023 Simonds Homes Victoria Pty Ltd - ACN:050 197 610 - CDB-U 49491.
Elevate Inclusions - "Say hello to a new standard"
Our “Receive $15K worth of upgrades for just $5K” promotion is available when purchasing an Elevate range home, from Simonds, from 1 October 2024. This promotion provides customers, who purchase an Elevate range home within the Simonds Victoria build zone, with $15,000* worth of upgrade packs when you spend $5,000 on upgrade packs to your Elevate range home. This promotion is not redeemable for cash. Simonds is not obligated to provide a credit where the design constraints of your selected house type do not allow for upgraded inclusions. Terms and conditions apply. Please see simonds.com.au for more information. *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. 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 October 2024. VPB64. © 2024 Simonds Homes Victoria Pty Ltd - ACN:050 197 610 - CDB-U 49491.
Emerge Inclusions - "Say hello to a new standard"
Our “Double your money” promotion is available to customers who purchase an Emerge range home, from Simonds, from 1 October 2024. This promotion provides customers, who purchase an Emerge range home within the Simonds Homes Victoria build zone, with $10,000* worth of upgrade packs when you spend $5,000 on upgrade packs to your Emerge range home. This promotion is not redeemable for cash. Simonds is not obligated to provide a credit where the design constraints of your selected house type do not allow for upgraded inclusions. Terms and conditions apply. Please see simonds.com.au for more information. *This amount is based on the total recommended retail price of the chosen upgrade packs for any Emerge home. monds 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 October 2024. VPB64. © 2024 Simonds Homes Victoria Pty Ltd - ACN:050 197 610 - CDB-U 4949.
5. Promotions
"Spend $5K, receive $32K of upgrades" - Elite Promotion
Our “$32k worth of upgrades for just $5K” promotion is available when purchasing an Elite range home, from Simonds, from 18 March 2025. This promotion provides customers, who purchase an Elite range home within the Simonds Victoria build zone, with $32,000* worth of upgrade packs when you spend $5,000 on upgrade packs to your Elite range home. This promotion is not redeemable for cash. Simonds is not obligated to provide a credit where the design constraints of your selected house type do not allow for upgraded inclusions. Terms and conditions apply. Please seesimonds.com.au for more information.*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. Simonds Homes Elite 2025 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 2025 Inclusions effective 18 March 2025. VPB66. © 2025 Simonds Homes Victoria Pty Ltd - ACN:050 197 610 - CDB-U 49491.
"Spend $5K, receive $15K of upgrades" - Elevate Promotion
Our “Spend $5K, receive $15K of upgrades” promotion is available when purchasing an Elevate range home, from Simonds, from 18 March 2025. This promotion provides customers, who purchase an Elevate range home within the Simonds Victoria build zone, with $15,000* worth of upgrade packs when you spend $5,000 on upgrade packs to your Elevate range home. This promotion is not redeemable for cash. Simonds is not obligated to provide a credit where the design constraints of your selected house type do not allow for upgraded inclusions. Terms and conditions apply. Please see simonds.com.au for more information. *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. Simonds Homes Elevate 2025 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 2025 Inclusions effective 18 March 2025. VPB66. © 2025 Simonds Homes Victoria Pty Ltd - ACN:050 197 610 - CDB-U 49491.
"Spend $5K, receive $10K of upgrades" - Emerge Promotion
Our “Double your money” promotion is available to customers who purchase an Emerge range home, from Simonds, from 18 March 2025. This promotion provides customers, who purchase an Emerge range home within the Simonds Homes Victoria build zone, with $10,000* worth of upgrade packs when you spend $5,000 on upgrade packs to your Emerge range home. This promotion is not redeemable for cash. Simonds is not obligated to provide a credit where the design constraints of your selected house type do not allow for upgraded inclusions. Terms and conditions apply. Please see simonds.com.au for more information.*This amount is based on the total recommended retail price of the chosen upgrade packs for any Emerge home. Simonds Homes Emerge 2025 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 2025 Inclusions effective 18 March 2025. VPB66. © 2025 Simonds Homes Victoria Pty Ltd - ACN:050 197 610 - CDB-U 4949.
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.
Masterpiece x Miele - Appliance package
For a limited time only, Simonds Homes are giving customers who purchase a Masterpiece range home within the Simonds Homes Victoria build zone $20,000 (incl GST) [3] worth of Selected Miele Appliances* at no cost to the client (incl GST), subject to the below terms and conditions (Offer):
This Offer commences 24 October 2024 at 11.59pm (ADST) and ends on 30 April 2025 at 5pm (ADST).
The Offer is only valid on Masterpiece range Simonds Homes constructed within a Simonds Homes Victorian build zone. Speak to your New Home Specialist for more information on Simonds build zones.
The Offer is only available to customer(s) who purchase a Masterpiece range home in the Simonds Homes Victoria build zone with the Selected Miele Appliances*, 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][2];
(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) signing a building contract with Simonds Homes, for the construction of the home, by no later than 5pm (ADST), 30 April 2025.
This Offer is not available to customer(s) who have:
(a) signed any sales documentation with Simonds Homes [1]);
(b) signed a building contract with Simonds Homes; or
(c) paid a deposit or any other fees to Simonds Homes in anticipation of any preliminary work or other building work.
Prior to 24 October 2024.
This Offer is not available in conjunction with any other Simonds Homes offer.
The contract price reflected on the building contract between the customer(s) and Simonds Homes is inclusive of all discounts and promotions.
This Offer is not redeemable for cash or any other form of credit (including a credit which may be applied for use towards the relevant building contract).
This Offer is limited to one (1) per building contract.
Simonds Homes reserves the right to substitute similar products to those referred to in this promotion should an item not be available.
Simonds Homes is not obligated to provide a credit where the design constraints of a selected house type do not allow for the Selected Miele Appliances*.
Simonds Homes reserves the right to vary and/or withdraw this Offer at any time.
All prices are correct at the time of publication (October 2024) and may vary depending on build region.
13. The Offer must be read in conjunction with the building contract and these terms and conditions
*Selected Miele Appliances means the:
(i) Miele Integrated Freezer with No Frost (Model No. FNS 7740 F);
(ii) Miele Integrated Fridge with PerfectFresh Pro (Model No. KC 7743 E);
(iii) Miele 7kg washing machine with Honeycomb drum (Model no. WCA 020);
(iv) Miele 7kg heat-pump dryer (Model No. TCB 140 WP); and
(v) Fully integrated 60cm dishwasher (Model No. G 5053 SCVi BK).
[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 all sales documentation must be signed by the customer(s) and returned to Simonds Homes no later than 5pm (ADST), 30 April 2025.
[3] The $20,000 value is based on the total recommended retail price of the Selected Miele Appliances* and installation.
Please speak to a Simonds Homes consultant for more information and visit simonds.com.au for full details.
James Hardie – FREE Upgrade to the Leonda Facade Promotion
For a limited time only, Simonds Homes are giving customers who purchase a Elevate range single storey home within the Simonds Homes Victoria build zone the Leonda façade at no cost to the client (incl GST), subject to the below terms and conditions (Offer):
This Offer commences 3 November 2024 at 11.59pm (ADST) and ends on 28 February 2025 at 5pm (ADST).
The Offer is only valid on Elevate range single storey Simonds Homes constructed within a Simonds Homes Victorian build zone. Speak to your New Home Specialist for more information on Simonds build zones.
The Offer is only available to customer(s) who purchase an Elevate range single storey home in the Simonds Homes Victoria build zone and opt for the Leonda façade in lieu of the included façade options*, 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][2];
(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
This Offer is not available to customer(s) who have:
(a) signed any sales documentation with Simonds Homes [1]);
(b) signed a building contract with Simonds Homes; or
(c) paid a deposit or any other fees to Simonds Homes in anticipation of any preliminary work or other building work.
Prior to 4 November 2024.
This Offer is not available in conjunction with any other Simonds Homes offer.
The contract price reflected on the building contract between the customer(s) and Simonds Homes is inclusive of all discounts and promotions.
This Offer is not redeemable for cash or any other form of credit (including a credit which may be applied for use towards the relevant building contract).
This Offer is limited to one (1) per building contract.
Simonds Homes reserves the right to substitute similar products to those referred to in this promotion should an item not be available.
Simonds Homes is not obligated to provide a credit where the design constraints of a selected house type do not allow for the Leonda facade.
Simonds Homes reserves the right to vary and/or withdraw this Offer at any time.
12. All prices are correct at the time of publication (November 2024) and may vary depending on build region.
13. 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 initial fee must be paid by the customer(s) to Simonds Homes and all sales documentation must be signed by the customer(s) and returned to Simonds Homes no later than 5pm (ADST), 31 March 2025.
[3] The $4,000 value is based on cost to upgrade to the Leonda façade on an Elevate range single storey Simonds home.
Please speak to a Simonds Homes consultant for more information and visit simonds.com.au for full details.
Loan Gallery Disclaimer
Loan Gallery Finance Pty Ltd is independent of Simonds Homes and all advice is provided by Loan Gallery and not Simonds Homes. Any advice provided is general in nature and is not personal financial product advice. It does not take into account your objectives, financial situation or needs. Before acting on any information, you should consider the appropriateness of the information provided and the nature of the relevant financial product having regard to your objectives, financial situation and needs. Loan Gallery Finance Pty Ltd ABN: 33 163 825 670 Australian Credit Licence: 475302
Wattle Park Townhomes
The customer acknowledges and accepts that:
1. The Wattle Park development comprises 13 townhouses to be constructed by Simonds on lots to be sold by Stockland (Development).
2. Simonds is only responsible for the building contract and does not accept any liability associated with the purchase of a lot within the Development. The customer is required to enter a separate contract for the purchase of a lot (being the subject of the building contract) within the Development with Stockland.
3. Prior to entering a builidng contract with Simonds for the construction of a town home within the Development, the customer must:
(a) enter a contract of sale with Stockland for the purchase of a lot within the Development and pay any required fees and/or deposits, associated with the contact of sale, as demanded by Stockland at Stockland’s sole discretion; and
(b) enter a preliminary agreement with Simonds concerning the completion of preliminary work at the relevant lot in the Development, and pay a non-refundable preliminary fee of $2,000 to Simonds in accordance with the terms of the preliminary agreement and prior to Simonds undertaking the preliminary work.
4. Subject to the terms and conditions of the building contract, it is a requirement of each builidng contract entered between a customer and Simonds for the construction of a town home within the Development that at least ten (10) of the thirteen (13) lots within the Development must be:
(a) sold;
(b) settled; and
(c) the subject of a building contract having been entered into between Simonds with the relevant purchaser of the lot for the building contract to proceed.
5. 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 the customer has 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 the customer; and
(d) Where the customer is in breach of the terms and conditions of the building contract.
6. 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). 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.
7. 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.
8. Advertised town home package prices do not include stamp duty, legal fees or other costs charged in respect of the purchase of the land.
9. Simonds reserves the right to withdraw an advertised town home package, at any time, without notice.
10. Advertised prices are specifically in reference to the town 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.
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.
Simonds' Mini Chef Masterclass with Sarah Todd & Phoenix
Simonds are hosting a Mini Chef Masterclass with Sarah Todd & Phoenix, giving parents the perfect school holiday activity. With two sessions running on one day, attendees will have the chance to meet Sarah and learn an easy recipe that you can replicate at home again. Following completion of each session, attendees will be given a goodie bag to take home, complete with a printed copy of the recipe, cookbook, and other merch.
Terms and Conditions
Acceptance
1. The Schedule above and all other instructions provided by Simonds form part of these Terms and Conditions. The Supervisor (on behalf of the Participant and in the Supervisor’s individual capacity) confirms that they have read these Terms and Conditions and that entry into the Activity 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 Participant, the Supervisor and Simonds with respect to the Activity. Simonds may alter, modify, or amend these Terms and Conditions and the Schedule at Simonds’ sole discretion.
Entries
2. Registrations must be received by Simonds during the Registration Period. All registrations are deemed to be received at the time of receipt by Simonds and may be subject to verification by Simonds.
3. Simonds may, at its absolute discretion, declare any registration to be invalid including where the Participant and/or Supervisor:
a) fails to establish their eligibility to participate in the Activity to Simonds’ satisfaction; or
b) has, in the opinion of Simonds, engaged in conduct in registering for the Activity, which is fraudulent, misleading, deceptive, in breach of these Terms and Conditions or otherwise damaging to the goodwill or reputation of the Activity or Simonds.
Registrations
4. Registrations are not transferable.
5. Registrations 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 Participant and/or Supervisor is unable to participate in the Activity.
6. Participants and/or Supervisors who are unable to attend the Activity, following their registration, must notify Simonds prior to the Activity by emailing marketing@simonds.com.au.
7. Unless stated otherwise in these Terms and Conditions all costs and expenses associated with travelling to and participating in the Activity is the responsibility of the Supervisor.
8. Failure by Simonds to enforce any of its rights at any stage does not constitute a waiver of those rights.
Consent to Materials
9. By registering for the Activity, and in addition to the terms and conditions of the Talent Release Form, the Supervisor (on behalf of the Participant and in the Supervisor’s individual capacity) agrees:
a) if requested by Simonds, the Participant and Supervisor will provide comments about the Activity and/or a photo or audio-visual clip of themselves and participate in any promotional activity in connection with the Activity;
b) Simonds may use the Participant’s and Supervisor’s 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 Participant, Supervisor or any other person;
c) Simonds may license, authorise, or otherwise transfer the rights in the Materials to others to do the same; and
d) the Participant and the Supervisor 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
10. The following terms apply to the extent that the Activity is conducted on, advertised or promoted on a social media platform owned by a third party (Platform Operator):
a) each Supervisor (on behalf of the Participant and in the Supervisor’s individual capacity) acknowledges and agrees that the Activity is in no way sponsored, endorsed, or administered by, or associated with, any Platform Operator;
b) each Supervisor (on behalf of the Participant and in the Supervisor’s individual capacity) releases each Platform Operator and its associated companies from all liabilities arising in respect of the Activity;
c) to the extent relevant to the Promotion, Simonds agrees, and each Supervisor (on behalf of the Participant and in the Supervisor’s individual capacity) must agree to adhere to the prevailing terms and conditions of each Platform Operator;
d) each Supervisor (on behalf of the Participant and in the Supervisor’s individual capacity) understands that they are providing their information and the information of the Participant to Simonds and not to the Platform Operator;
e) each Supervisor (on behalf of the Participant and in the Supervisor’s individual capacity) is 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 Activity must be directed to Simonds and not the Platform Operator.
Privacy
11. If a Supervisor’s contact details change between the date of registration and the Notification of Successful Entry, the Supervisor must notify Simonds of his/her updated contact details.
12. Simonds is bound by the Privacy Act 1988 (Cth). Each Participant and Supervisor’s personal information will be collected by or on behalf of Simonds to enable it to conduct the Activity, publicise the name of the Participants (who participate in the Activity) and where each Supervisor (on behalf of the Participant and in the Supervisor’s individual capacity) has consented to the receipt of such information, send each Participant and their Supervisor marketing, advertising, and promotional material. Simonds’ use of personal information will be governed by these Terms and Conditions and Simonds’ Privacy Policy which is available at -https://www.simonds.com.au/vic/privacy-policy.
13. The personal information of the Participant and Supervisor may be disclosed to third parties who assist Simonds in conducting this Activity, including regulatory authorities, Otao Kitchen, Humanitix, entities which supply and deliver the Activity, and marketing and communications agencies.
14. Supervisors and Particpants can contact Simonds 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 Participant and/or Supervisor’s personal information held by Simonds.
Liability
15. To the fullest extent permitted by law, the Supervisor (on behalf of the Participant and in the Supervisor’s individual capacity) participates in the Activity at their own risk.
16. If the Activity is not capable of running as planned for any reason (including because of technical failures, fraud or causes beyond Simonds’ control), Simonds may, in its sole discretion, cancel, suspend, or change the Activity and re-commence it on similar terms, subject to any directions by regulatory authorities.
17. To the fullest extent permitted by law, Simonds, its associated agencies and companies and those agencies and companies associated with or involved in the Activity (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 Activity (including in relation to the Supervisor and Participant’s participation in the Activity).
18. 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, Simonds, its associated agencies and companies and those agencies and companies associated with or involved in the Activity (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 Activity.
The singular shall include the plural and vice versa and words importing one gender shall include every gender.
These Terms and Conditions are governed by the laws of Victoria.