Terms & Conditions
ABOUT THE EIGHT HOMES WEBSITE:
This facility is the EIGHT HOMES website and you have the ability to enter into transactions directly with EIGHT HOMES and/or certain parties whose content appears on the site. You acknowledge that third parties provide some of the material accessible through the facility, and EIGHT HOMES is not responsible for this material.
This agreement is governed by the laws in force in Victoria Australia. You irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts of Appeal from them and/or any relevant tribunals for determining any dispute concerning this agreement. EIGHT HOMES may legally assign any of our rights and obligations under this agreement at any time by giving you notice. Your use of this website and on-line facilities such as inquires or requests is subject to the following terms and conditions. Your use of the website or any of its content signifies your acceptance of these terms and conditions:
1. Ownership, Copyright and Trade Marks:
All title, ownership rights and intellectual property rights, including copyright, rest with EIGHT HOMES, and any unauthorised use is strictly prohibited.
2. Accuracy of Information and Limitation of Liability:
EIGHT HOMES does not endorse or recommend any particular third party represented on this website. EIGHT HOMES have taken steps to ensure that the content of this website, including all information and listings is correct, but it is subject to amendment at any time without notice. As user, you acknowledge and accept that: EIGHT HOMES can not verify the accuracy, completeness or suitability for any particular purpose of (and has not done so), any information or content that is provided by third parties. That information or content may include errors, omissions or other inaccuracies. To the extent permitted by law, EIGHT HOMES will not be responsible for any errors, omissions or misleading information. You agree to make your own evaluation of the suitability, accuracy and completeness of any information, opinion, advice or other content that is available on or through the website before you rely upon it.
You are solely responsible for the suitability of any third party service. In particular, EIGHT HOMES are not liable for any loss, damage, inconvenience or liability that is caused or incurred as a result of your use of any such services whether alone, or in association with other services. To the maximum extent permitted by law, EIGHT HOMES disclaims all liability for any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by third parties where that failure is due to circumstances beyond its control.
To the maximum extent permitted by law, EIGHT HOMES disclaims any warranties, assurances or promises, express or implied, regarding this website and any service or facilities that it provides.
4. Use of the ‘On-line’ Facility:
EIGHT HOMES accordingly accepts no responsibility or liability for any misunderstanding, error, loss, damage, or inconvenience whatsoever and howsoever caused in respect of any inquiry and/or request made through the on-line facility. You agree that you will carefully check, and correct any mistakes in, any inquiry and/or request that you make through the on-line facility.
5. Use of Your Contact Information:
As the user of this website and any service or facility, you agree and consent that EIGHT HOMES may use your contact information (i.e. your name, e-mail and physical / postal address and/or other contact details) for commercial purposes either directly or indirectly connected with your request. Should you not wish to be contacted in the future, please notify EIGHT HOMES.
As a condition of your use of this website you agree to indemnify EIGHT HOMES from and against any liability, damage or loss that EIGHT HOMES incurs or suffers as a result of any action, inaction or omission on your part.
7. Your Responsibility:
By making a request through the website, you warrant to EIGHT HOMES that you are at least eighteen years old. You must read the specific terms and conditions and convey all information set out in those terms and conditions to EIGHT HOMES and any other parties covered by any request you make. You must not use the service for any activities, that breach any laws, infringe any party’s rights, or breach any standards, content requirements or codes promulgated by any relevant authority. You must not use the service in any way, which interferes with other users or defames, harasses or menaces anyone. You indemnify EIGHT HOMES from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the service by you or any other person including using a membership identification or password you may subsequently receive. You acknowledge that copyright subsists in all software, including HTML code, provided on, by or in association with the website. You must not modify, copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of the website without the express permission of EIGHT HOMES. Where copying or transmission is expressly permitted, you must not change or delete any author attribution or copyright notice.
SPECIFIC TERMS AND CONDITIONS:
EIGHT HOMES does not accept responsibility for any service or conditions that are incorrectly represented within this system. The data and services shown are provided in good faith and ‘as is’. EIGHT HOMES do not warrant the accuracy, completeness, or fitness for a particular purpose of any data or services provided and to the maximum extent permitted by any law disclaimer all implied warranties in connection with such data or services. In no event shall EIGHT HOMES be liable for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of any display within the website.
All photos, illustrations and floor plans should be used as a guide only. Photos may depict items not provided by Eight Homes such as swimming pools, planter boxes, fencing, water features, and decking. Images may depict upgrades items such as fixtures, finishes, and fittings. Please see your sales consultant for standard working drawings.
Base prices are based on standard floorplans with E1 facade. Eight Homes reserves the right to change prices without notice. House and land package prices include $7,000 First Home Owners Grant and are subject to eligibility. Visit the State Revenue Office at www.sro.vic.gov.au for further details.
4. Changes to These Terms and Conditions:
EIGHT HOMES reserves the right to change or modify all or any part of these terms and conditions at any time and without notice
EIGHT HOMES 25 YEAR STRUCTURAL GUARANTEE
This 25 Year Structural Guarantee (Guarantee) is provided by Mahercorp Pty Ltd (ACN 100 090 560) trading as Eight Homes (‘Eight Homes’):
Address: 7/180-194 Fairbairn Rd, Sunshine West 3020
Phone: 03 8398 1000
This Guarantee applies to all Master Builders – HC 6 New Homes Contracts signed with Eight Homes from 1 April 2015.
Eight Homes provides this Guarantee to the contracting party only, and specifically excludes any subsequent purchaser, owner or beneficiary of the house and/or property the subject of the contract with Eight Homes.
In this section, “we”, “our” and “us” means Eight Homes and “you” or “your” refers to the person who has entered into the contract with Eight Homes.
Terms which are capitalised in this document and defined in the Master Builders – HC 6 New Homes Contracts signed with Eight Homes bear the same meaning as in the Master Builders – HC 6 New Homes Contracts signed with Eight Homes.
This Guarantee is subject to the terms below.
1. The Guarantee Document
The Guarantee is included as part of your Building Contract. Commencement of the Guarantee
The Guarantee commences on the date of execution of the Contract for your new home and continues for 25 years from that date.
2. Guarantee Cannot be Transferred
The Guarantee is only available to the first purchaser of a home built by us and is not transferable or assignable to any subsequent owners of the home.
3. Structural Failures Covered by the Guarantee
The Guarantee covers a structural failure when one of the following structural elements causes damage equal to or greater than ‘Damage Category 3’ as defined in AS2870 Residential Slabs and Footings and has been confirmed by an engineer retained by us:
- Load bearing masonry – as defined in AS 4773.1-2010;
- Footing systems– as defined in AS 2870-2010; and
- Structural timbers and steel in wall or roof framing– as defined in AS 1684-1999.
4. What the Guarantee does not Cover (Exclusions)
Any structural damage or failure caused to any structural element identified in clause 4, by one or more of the following events or items will void this Guarantee in its entirety:
(a) Any structural changes to the home including, without limitation, any renovation, extension, structural changes and pool or landscaping works for which a building permit is required will void this Guarantee (‘Subsequent Works’);
(b) Any excessive loading applied to the building including attachments such as basketball rings, clothes lines, storing of materials and goods, heavy plant and equipment which exceed the design load of the building structure will void this Guarantee;
Any attempted repair of a structural failure will be considered Subsequent Works and accordingly, excluded from this Guarantee;
(c) Damage caused by criminal acts including without limitation, terrorism and vandalism is not covered by this Guarantee;
(d) Any damage arising out of, relating to or in connection with trees (both on the subject property and adjoining properties) including without limitation, tree root systems is not covered by this Guarantee;
(e) You are responsible for the ongoing maintenance of your home. Any failure to comply with the CSIRO “Foundation Maintenance & Footing Performance” Homeowners Guide (available from the Master Builders E-Shop at www.masterbuilders.asn.au) will void this Guarantee;
(f) Depending upon climatic conditions, it will take up to 18 months for your home to settle. Minor cracking including without limitation, those at internal junctions of walls and the intersections of cornices to both walls and ceilings attributable to shrinking and/or movement are not covered by this Guarantee;
(g) Structural failures caused by neglect or failure on your part to properly maintain your home or by the misuse of your home after Completion of the Building Works will void this Guarantee;
(h) Damage caused by natural events including but not limited to storms, floods, fire, drought, cyclones, earthquakes and tsunamis or any other damage caused by unforseen acts of God is not covered by this Guarantee;
(i) Once the Building Works are Complete, it is you responsibility to ensure that your home is inspected and treated for pests and termites. Any defect or damage caused by termites in structural timber components of the home will not be covered by this Guarantee;
(i) Structural failure caused by poor surface drainage of the land, leaking plumbing or a failure to install or maintain proper drainage systems in or about the house or property will not be covered by this Guarantee;
(k) Any site conditions experienced after Completion of the Building Works that were not within the control of Eight Homes during the period of construction will void this Guarantee. In this Guarantee, site conditions include all physical conditions on the site or its surroundings including without limitation artificial things, contamination and hazardous materials; and
(l) Failure to submit a claim to Eight Homes within 30 calendar days of the structural failure being identified or becoming reasonably capable of being identified will void this Guarantee.
If any one or more of the exclusions listed in this document apply, they will have the effect of voiding the entirety of this Guarantee.
For the avoidance of doubt, damage or loss to any items not included in clause 4 including without limitation damage, issues or problems of a non-structural nature, is not covered by this Guarantee.
The scope of all works relating to this guarantee are limited to damage directly caused by the structural failure specified in your claim. Any other loss or damage including without limitation, consequential loss, indirect loss, loss of opportunity and loss of amenity is specifically excluded and not provided by this Guarantee.
Without limiting the foregoing, any marks or scratches on or defect in any cupboard doors, basins, baths, showers, bench tops, vanities, carpets and/or other floor coverings, wall tiles, furniture, fittings, drapes, curtains, blinds, televisions, all electric switches, machines and appliances, painted and finished surfaces and moveable chattels are specifically excluded under this Guarantee.
5. Fixing Structural Failures Covered by Our Guarantee
Subject to clause 7, Eight Homes will bear the cost of fixing any structural failures of the kind listed in clause 4 of this Guarantee.
6. Claiming on the Guarantee
As a condition precedent to making a claim in relation to this Guarantee, you must:
(a) submit a claim including a description of your request in writing and send it to us via post or email to the address at the beginning of this document within 30 calendar days of the structural failure being identified or becoming reasonably capable of being identified. Any failure to give notice within this time and in the form set out in this subclause will void this Guarantee in its entirety.
(b) if requested by Eight Homes, provide unfettered access for us to carry out inspections of your property and determine whether there is a structural failure meeting the requirements of this Guarantee. Any failure by you to give or arrange unfettered access will void this Guarantee in its entirety.
For the avoidance of doubt, failure to make a claim in accordance with the conditions precedent in this clause 7 will void this Guarantee in its entirety.
If a structural failure meets the requirements of our Guarantee and you comply with the conditions precedent set out in clause 7, we will commence rectification works within a reasonable period of time, at our own cost.
You must provide or arrange unfettered access to your property for the purposes of any rectification work carried out by Eight Homes in response to a valid claim made under clause 7 of this Guarantee.
All works relating to this Guarantee must be carried out by Eight Homes and its nominated trades, suppliers and manufacturers. All materials will be supplied by Eight Homes and its nominated suppliers.
8. Other Guarantees
There are other guarantees relevant to your home, including :
(a) Those under the Australian Consumer Law are not excluded by this Guarantee.
(b) Additional warranties are applicable under the Domestic Building Contracts Act 1995 (Vic) including statutory insurance in force in Australia.
9. Finding Australian Standards
Eight Homes Product Review Incentive
When you publish a verified review on the Product Review website, you agree that we may use it and your information internally to help us improve our products
and services, and we may also republish or disclose it to third-party websites, service providers, and the public. We will not alter the text of your review without