x3 Guarantee

Terms & conditions

Terms and Conditions - Price Lock Guarantee

1.1         Who is the Promoter of the Price Lock Guarantee?

Ausbuild Pty Ltd, ACN 142 375 184, QBSA License 021710 (Ausbuild).

1.2         What is the Price-Lock Guarantee?

(a)          The Price Lock Guarantee is a term of a HIA Building Contract* between Ausbuild and a purchaser of an Ausbuild Home and Land Package**. It fixes the cost of the Locked Price Items*** stipulated in a signed HIA Building Contract for a Home and Land Package, subject to these terms and conditions. 

(b)          The Price Lock Guarantee ensures that the Purchaser of an Ausbuild Home and Land Package is not exposed to unexpected cost increases relating to the Locked Price Items after signing the contract. Note, Excluded Items**** are not included in the Locked Price Items.

(c)          The cost to the Purchaser of the Locked Price Items will not increase between the date of the signed HIA Building Contract and the delivery of the house. Any industry price rises that occur during that period will be absorbed by Ausbuild and will not be passed on to the Purchaser.

*HIA Building Contract means a contract in the form recommended by the Housing Industry Association, with terms and conditions amended as the parties may agree in writing.

**Home and Land Package means a home and land package currently offered by Ausbuild – refer to www.ausbuild.com.au for full details.

***Locked Price Items means the items listed in 1.3 below.

****Excluded Items means the items listed in 1.6 below.

1.3         What are the Locked Price Items?

The Price Lock Guarantee includes the following Locked Price Items for a Home and Land Package set out in a signed HIA Building Contract:

(a)          the depicted façade for the Home and Land Package selected;

(b)          Ausbuild’s Refined Living Standard Inclusions* for the selected Home and Land Package and included in the signed HIA Building Contract;

(c)          retaining walls and fencing associated with the land component of the selected Home and Land Package.

*Please speak to a Sales Consultant for a full list of the Refined Living Standard Inclusions. See www.ausbuild.com.au/inclusions for further details of the Refined Living Standard Inclusions and www.ausbuild.com.au for full details of the Home and Land Packages and sale conditions.

1.4         Is there a time limit?

The Price Lock Guarantee is not a promotion. It is a standard term of an Ausbuild Home and Land Package. There is no fixed start or end date to the Price Lock Guarantee.

1.5         Who qualifies for the Price Lock Guarantee?

The Price Lock Guarantee is given by Ausbuild to the purchasers of an Ausbuild Home and Land Package and applies to all Locked Price Items under a fully signed HIA Building Contract.

1.6         What is EXCLUDED from the Price Lock Guarantee?

The Price Lock Guarantee does not include the following, which are Excluded Items:

(a)          stamp duty, legal fees, professional or other costs incurred by the Purchaser;

(b)          a house that is built on Land Not Supplied By Ausbuild*;

(c)          a change in the price of a Home and Land Package as a result of the following:

(i)           any upgrades from the Refined Living Standard Inclusions to Ausbuild’s Refined Living Upgrades Inclusions** required by the Purchaser after the HIA Building Contract is signed;

(ii)          any delay in the progress of the construction of the house caused by an act or omission, action or at the request of the Purchaser or its representatives;

(d)          any other Excluded Items as defined and identified in the HIA Building Contract;

(e)          any prime cost allowances*** or provisional sum allowances**** specified in the HIA Building Contract.

*Land Not Supplied By Ausbuild is subject to any relevant additional land developer terms and conditions.

**Please speak to a Sales Consultant for a full list of Refined Living Upgrades Inclusions. See www.ausbuild.com.au/inclusions for further details of the Refined Living Upgrades Inclusions.

****A prime cost allowance means an allowance in the HIA Building Contract for the supply of necessary items not yet finally selected (a prime cost item), such as fixtures and fittings, that the Purchaser is to select after the HIA Building Contract is signed and may include tiles or special kitchen and bathroom items.

*****A provisional sum allowance means an allowance in the HIA Building Contract for work included in the construction of the house that Ausbuild cannot give a definitive price for at the time the HIA Building Contract is signed and may include excavation, concrete footings and rock removal.

1.7         Brochures and pamphlets

All images and illustrations in marketing material are to be used as a guide only and may represent non-standard or upgrade options that are not included in the Home and Land Package price. Photographs in brochures may sometimes depict fixtures, finishes and features not supplied by Ausbuild. Accordingly, any prices printed in brochures do not include the supply of any of those items not listed in the Refined Living Standard Inclusions. Refer to www.ausbuild.com.au/inclusions for further details of the Refined Living Standard Inclusions.

1.8         Other terms and conditions

Ausbuild's Terms and Conditions apply. Refer to www.ausbuild.com.au/terms for full details of the terms and conditions for Home and Land Packages.

You must not rely on the statements or conduct of Ausbuild representatives as a waiver or amendment of the Price Lock Guarantee terms and conditions or of any other Ausbuild terms and conditions at www.ausbuild.com.au/terms. They may only be amended by an authorised member of Ausbuild’s management.

Ausbuild may vary, terminate or suspend the operation of the Price Lock Guarantee at its absolute discretion without notice at any time, but such variation, termination or suspension will never affect a signed HIA Building Contract.

Terms and Conditions - Start Date Guarantee

Terms and Conditions – Start Date Guarantee

1.1 Who is the provider of the Start Date Guarantee?

Ausbuild Pty Ltd, ACN 142 375 184, QBCC License 21710 (Ausbuild).

1.2 What is the Start Date?

(a) The Start Date links to the definition of “Commencement” in the HIA Building Contract [1] between Ausbuild and the purchaser of an Ausbuild Home and Land Package [2].

Under the HIA Building Contract, Commencement (and hence, Start Date under this Start Date Guarantee) means:

(i) “when the builder commences physical construction on site of the footing, slab or drainage system; or

(ii) where the works do not include construction of a footing, slab or drainage system, when work to change an on-site fixed structure has physically commenced.”

(b) The Start Date (Commencement under the HIA Building Contract (clause 2.1)) is 20 working days from the date the final documents and other necessary requirements are received by Ausbuild. These documents and requirements are usually:

(i) evidence of the owner's title to the land;

(ii) evidence of the owner's capacity to pay the contract price;

(iii) the security account;[if applicable];

(iv) possession of the site;

(v) all construction plans, all selections and contract variations, signed by the client;

(vi) [if applicable] a notice from the lending body that construction of the works may commence; and

(vii) all permissions, consents and approvals required from any relevant statutory or other authority.

1.3 What is the Start Date Guarantee?

The Start Date Guarantee is an undertaking by Ausbuild that the purchaser of an Ausbuild Home and Land Package will not be exposed to unexpected delays to the Start Date for the building of their home after signing the HIA Building Contract, other than in relation to the following which are Excluded Items:

(i) a home that is built on Land Not Supplied By Ausbuild [3];

(ii) any delay to the start of the Building Period [4] caused by an act or omission, action or at the request of the Purchaser or its representatives;

(iii) Any delays as per the HIA Building Contract, namely a "Claimable Delay", which means a delay:

(A) not reasonably foreseeable and beyond the reasonable control of Ausbuild; or

(B) caused by a variation of the HIA Building Contract.

1.4 Is there a time limit on the Start Date Guarantee?

The Start Date Guarantee is not a promotion. It is a standard term of an Ausbuild Home and Land Package. There is no fixed start or end date to the Start Date Guarantee. This is effective from 26 December 2022.

1.5 Who qualifies for the Start Date Guarantee?

The Start Date Guarantee is given by Ausbuild to the purchasers of an Ausbuild Home and Land Package and applies to all fully signed HIA Building Contracts between a purchaser and Ausbuild.

1.6 Other terms and conditions

Ausbuild's Terms and Conditions apply. Refer to www.ausbuild.com.au/terms for full details of the terms and conditions for Home and Land Packages.

You must not rely on the statements or conduct of Ausbuild representatives as a waiver or amendment of the Start Date Guarantee terms and conditions or of any other Ausbuild terms and conditions at www.ausbuild.com.au/terms. They may only be amended by an authorised member of Ausbuild’s management.

Ausbuild may vary, terminate or suspend the operation of the Start Date Guarantee at its absolute discretion without notice at any time, but such variation, termination or suspension will never affect a signed HIA Building Contract.

-----

[1] HIA Building Contract means a contract in the form recommended by the Housing Industry Association, with terms and conditions amended as the parties may agree in writing.

[2] Home and Land Package means a home and land package currently offered by Ausbuild – refer to www.ausbuild.com.au for full details.

[3] Land Not Supplied By Ausbuild is subject to any relevant additional land developer terms and conditions.

[4] Building Period means the number of days stated in item 13 of the HIA Building Contract, except as extended by Claimable Delays.

Terms and Conditions - Fixed Build Time Guarantee

Terms and Conditions – Fixed Build Time Guarantee

1.1 Who is the provider of the Fixed Build Time Guarantee?

Ausbuild Pty Ltd, ACN 142 375 184, QBCC License 21710 (Ausbuild).

1.2 What is the Build Time?

Build Time links to the definition of Building Period in a HIA Building Contract [1] between Ausbuild and the purchaser of an Ausbuild Home and Land Package [2]. Building Period [3] is the time period during which Ausbuild must build the home pursuant to a signed HIA Building Contract.

The Build Time is calculated and agreed based on the home design, façade and inclusions. Further information will be supplied by your sales consultant. The Build Time will only be extended by Claimable Delays [3].

1.3 What is the Fixed Build Time Guarantee?

The Fixed Build Time Guarantee is an undertaking by Ausbuild that the purchaser of an Ausbuild Home and Land Package [2] will not be exposed to unexpected delays to the building of their home after signing the HIA Building Contract. Ausbuild undertakes that the home will be completed during the Building Period, except where delay is caused by one or more Claimable Delays [4].

1.4 Is there a time limit on the Fixed Build Time Guarantee?

The Fixed Build Time Guarantee is not a promotion. It is a standard term of an Ausbuild Home and Land Package. There is no fixed start or end date to the Fixed Build Time Guarantee. This is effective from 26 December 2022.

1.5 Who qualifies for the Fixed Build Time Guarantee?

The Fixed Build Time Guarantee is given by Ausbuild to the purchasers of an Ausbuild Home and Land Package [2] and applies to all fully signed HIA Building Contracts between a purchaser and Ausbuild.

1.6 What is EXCLUDED from the Fixed Build Time Guarantee?

The Fixed Build Time Guarantee does not include or apply to the following, which are Excluded Items:

(a) a home that is built on land Not Supplied by Ausbuild [5];

(b) any delay to the Building Period in the form of Claimable Delays [4]; and

(c) purchasers of a Tenant Ready House and Land Package [6].

1.7 Other terms and conditions

Ausbuild's Terms and Conditions apply. Refer to www.ausbuild.com.au/terms for full details of the terms and conditions for Home and Land Packages.

You must not rely on the statements or conduct of Ausbuild representatives as a waiver or amendment of the Fixed Build Time Guarantee terms and conditions or of any other Ausbuild terms and conditions at www.ausbuild.com.au/terms. They may only be amended by an authorised member of Ausbuild’s management.

Ausbuild may vary, terminate or suspend the operation of the Fixed Build Time Guarantee at its absolute discretion without notice at any time, but such variation, termination or suspension will never affect a signed HIA Building Contract.

----

[1] Building Period means the number of days stated in item 13 of the HIA Building Contract, except as extended by Claimable Delays.

[2] HIA Building Contract means a contract in the form recommended by the Housing Industry Association, with terms and conditions amended as the parties may agree in writing.

[3] Home and Land Package means a home and land package currently offered by Ausbuild – refer to www.ausbuild.com.au for full details.

[4] Building Period means the number of days stated agreed in (item 13 of) the contract, except as extended by Claimable Delays.

[5] Claimable Delays are defined in the HIA Building Contract, being a delay:

(i) “not reasonably foreseeable and beyond the reasonable control of the builder;

(ii) caused by the owner; or

(iii) caused by a variation of the contract, 

which include but are not limited to:

(i) an act of God, fire, explosion, earthquake or civil commotion;

(ii) an industrial dispute;

(iii) a dispute with adjoining or neighbouring residents or owners;

(iv) anything done or not done by the owner [4];

(v) delays in getting any approvals;

(vi) delays or shortages in the supply of materials or labour;

(vii) the need for a survey of or other report in relation to the building site;

(viii) the industry shutdown being a 3 week period commencing on or about 22 December in each year; or

(ix) the owner refusing to agree to a variation requested by the builder under Clause 10.2, which can extend a time allowance in excess of the allowance for that cause of delay agreed in item 13 of the HIA Building Contract.”

[5] Land Not Supplied By Ausbuild is subject to any relevant additional land developer terms and conditions.