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.

GENERAL PROVISIONS:

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.

3. Warranties:
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.

6. Indemnity:
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:

1. Liability:
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.

2. Images:
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.

3. Pricing:
Base prices are based on standard floorplans with S1 facade. Eight Homes reserves the right to change prices without notice. House and land package prices include $10,000 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: Level 1, 90 Maribyrnong St, Footscray 3011

Email: enquiry@8homes.com.au

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.

2. 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.

3. 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.

4. Structural Failures Covered by the Guarantee

The Guarantee covers a structural failure when one of the following structural elements constructed or installed by us 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.

5. 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 after the construction or installation of the relevant structural element including, without limitation, any renovation, extension, structural changes and pool or landscaping works for which a building permit is required (‘Subsequent Works’) will void this Guarantee to the extent that any structural element previously constructed or installed by us is or may be affected by those 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;

(c) Any attempted repair of a structural failure will be considered Subsequent Works and accordingly, excluded from this Guarantee;

(d) Damage caused by criminal acts including without limitation, terrorism and vandalism is not covered by this Guarantee;

(e) 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; Depending upon climatic conditions, it will take up to 18 months for your home to settle – as such, minor cracking, including without limitation, those at internal junctions of walls and the intersections of cornices to both walls and ceilings attributable to normal shrinking and/or movement as a result of settling are not covered by this Guarantee;

(f) 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;

(g) 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;

(h) Once the Building Works are Complete, it is your responsibility to ensure that your home is inspected and treated for pests and termites and 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;

(j) 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, where site conditions include all physical conditions on the site or its surroundings including without limitation artificial things, contamination and hazardous materials.

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 in respect of all affected structural elements.

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.

6. 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.

7. 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 non-excludable guarantees relevant to our goods and services that may be implied by law, including those:

(a) under the Australian Consumer Law; and

(b) under the Domestic Building Contracts Act 1995 (Vic), including statutory insurance in force in Australia.

Nothing in this Guarantee replaces or excludes your rights at law under any non-excludable warranty or guarantee. For major failures with our services, you are entitled under the Australian Consumer Law:

• to cancel your service contract with us; and

• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled under the Australian Consumer Law to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

9. Finding Australian Standards

The Australian Standards (AS) referred to in this Guarantee can be found and purchased at SAI Global. Please Click here to search for the relevant 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
your consent, and we will only identify you by the information you provided publicly. Any personal information will at all times be handled in accordance with our Privacy Policy.

EIGHT HOMES CUSTOMER SURVEY

INCENTIVE CONDITIONS OF ENTRY

Name	Eight Homes Customer Survey Incentive
Promoter	Mahercorp Pty Ltd (ABN 87 100 090 560) trading as Eight Homes of Level 1, 90 Maribyrnong St, Footscray VIC.
Relevant State(s)	Victoria.
Entry Restrictions	Entry is open to Victorian residents aged 18 years or older who have built a home with Urbanedge Homes or Eight Homes and have completed the Customer Service Survey
Period	These conditions of entry cover promotions conducted between 01/01/2020 and 01/03/2020. Over this period, three draws will be conducted (1 per calendar month). Entry Period 1: 01/01/2020 to 31/01/2020 Entry Period 2: 01/02/2020 to 29/02/2020 Entry Period 3: 01/03/2020 to 31/03/2020
Entry Procedure	To enter, entrants must, during an Entry Period, complete the ‘Customer Survey’ and provide a valid email address. https://www.surveymonkey.com/r/R2MT32V For clarity, entrants may submit one entry only, and entries submitted during one Entry Period will not be carried over to subsequent Entry Periods.
Maximum Number of Entries	One entry per person.
Draw Details	Draws will take place on the 7th business day following the end of an Entry Period. Each draw will be conducted as follows: Time: 10am (Melbourne time). Location: Level 1, 90 Maribrnong St, Footscray, Vic 3011 Draw Method: random electronic selection. The first complete, eligible entry drawn for each Entry Period will receive a prize. If no eligible entries are received during an Entry Period, then the promotion will not run for that Entry Period and no prize will be awarded.
Prize Details	The winner of each Entry Period will receive a $500 Visa Gift Card (RRP, including GST). Each Visa Gift Card is valid until the expiry date printed on the card, and can be redeemed in retail outlets that accept VISA. See http://auspost.com.au/money-insurance/ap-visa-prepaid-gift-card-terms.html for more information and terms of use.
Total Prize Pool	Up to $1,500 (RRP including GST).
Notification, Verification & Delivery	The winner of each Entry Period will be notified by email using the email address provided in the survey within 7 business days of the relevant draw. The winner must then contact the Promoter following the instructions in the notification message, to enable the Promoter to verify their entry and (if verified) deliver their prize. Prizes will be delivered via registered mail. If the winner complies with these Terms and Conditions and the Promoter verifies and accepts the entry in accordance with these Terms and Conditions, the Promoter will deliver the prize (to the address provided by the entrant at the time of entry or via the notification and verification process) within 28 days of the winning entry being verified. The Promoter takes no responsibility for an incorrect address being provided when entering the promotion or during the notification and verification process, and (once dispatched) the Promoter is not liable for any prize that has been lost, stolen, damaged or tampered with in any way.
Publication Details	The winner’s name will be published on the Urbanedge & Eight Homes websites within 4 business days of each draw date.
Prize Claim Date	The prize must be claimed no later than 5pm on the date that is one calendar month from the draw date (if that date falls on a public holiday or weekend, then the prize must be claimed by 5pm on the next business day).
Unclaimed Prize Arrangements	In the event of an unclaimed prize, an unclaimed prize draw will be conducted at 10am on the second business day following the Prize Claim Date. The unclaimed prize draw will be conducted at the same address as for the original draw. The winner of the unclaimed prize draw will be notified within 2 business days of the unclaimed prize draw, and their name published on the Eight Homes websites within 4 business days of each draw date.
Winners	Entry Period 1: Marc Raab Entry Period 2: Jodie O'sullivan Entry Period 3: Karen Burgess