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Nostra Homes Website Terms and Conditions

Welcome to www.nostrahomes.com.au (the Site). The Site is owned and operated by Nostra Homes & Developments Pty Ltd ACN 127 679 627 (Nostra Homes). The use of this website is subject to the following Terms & Conditions, the [insert link to Privacy Policy] and any additional terms and conditions and notices displayed by us on this website from time to time (together "Terms of Use"). In the Terms of Use, "you" means the person accessing or using this website or the services provided through or in connection with this website.

1. Acceptance


These Terms of Use govern your access to and use of the Site. By browsing, accessing or using the Site or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and warrant that you have read, understood and agree to be bound by these Terms of Use and any additional terms and conditions notified to you from time to time. These Terms of Use form a legally binding agreement between Us and you. If you do not agree to these Terms of Use, you must immediately exit and not access or use the Site.

2. Disclaimer of warranties and representations


2.1 All images, drawings, floorplans, sizes and areas, materials and fittings displayed on the Site are for illustrative purposes and may only be used as a guide.
2.2 Final package prices may vary depending on a range of variable factors including Council building approvals, planning consent, finance, soil test and survey results and the final plans, specifications, fixtures and materials selected.
2.3 Prices, specifications and details for a particular home and/or package will be set out in the specific building contract.
2.4 We will endeavour to provide accurate and up-to-date information on this Site but, except as required by law, we give no express or implied warranties or guarantees, and make no representations, in relation to this Site. In particular, while care has been taken in creating this Site, Nostra Homes does not warrant or represent that:
2.4.1 the information or any material provided on this website is accurate, complete, up to date or suitable for any purpose;
2.4.2the Site itself is free from any computer viruses or other defects; or
2.4.3your access to this Site will be continuous or uninterrupted.
2.5 You are responsible for making your own assessment of the information available on or through the Site, and you should verify all relevant representations, statements and information before you rely on that information.

3. Collection of personal information


These Terms of Use govern your access to and use of the Site. By browsing, accessing or using the Site or by using any facilities or services made available through it or by transacting through or on it, you acknowledge and warrant that you have read, understood and agree to be bound by these Terms of Use and any additional terms and conditions notified to you from time to time. These Terms of Use form a legally binding agreement between Us and you. If you do not agree to these Terms of Use, you must immediately exit and not access or use the Site.

4. Expression of interest


You may request further information about particular property development or properties at this Site. Your expression of interest is not binding on you or us and does not form the basis of any contractual or other legal rights.

5. Acceptance of risk and release from liability


5.1 You are wholly responsible for your participation on the Site and you use the Site at your own risk. You acknowledge that we are not responsible for, and accept no liability in relation to, your use of the Site or your conduct in connection with the Site in any circumstance.
5.2 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site, including any breach by you of these Terms of Use.
5.3 To the maximum extent permitted by law, we exclude all implied representations and warranties which might apply in relation to your use of the Site. You may have rights under the Competition and Consumer Act 2010 (Cth) in respect of any goods or services supplied to you under these Terms of Use. If so, our liability to you is limited to, at our election:
5.3.1 in the case of goods supplied to you by us, replacement of the goods or supply of equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods or paying the cost of having the goods repaired; or
5.3.2 in the case of services supplied or offered by us, the supply of the services again or paying the cost of having the services supplied again.
5.4 In no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, or use of money, or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
5.5 To the fullest extent permitted by law, none of us or the owners or occupiers of the land will be liable for any loss or damage suffered by any person accessing or coming onto the land without the prior written consent of a person authorised to give it, and you indemnify us for any claims against us made as a result of your contravention of these Terms & Conditions.
5.6 Without limitation to any other provision of these terms and conditions, each of us is only liable to you in respect of our own actions or omissions and not the actions or omissions of another of us (that is, any liability that cannot be excluded is several, not joint).

6. Prohibited activities


6.1 When using this website, you must not:
6.1.1 infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;
6.1.2 reproduce any Site Content (as defined below) without our express written permission, which we may grant or withhold at our absolute discretion;
6.1.2 reproduce any Site Content (as defined below) without our express written permission, which we may grant or withhold at our absolute discretion;
6.1.3 seek reimbursement from any other party for access to the Site or on-sell any information obtained from the Site;
6.1.4 engage in any conduct which is likely to mislead or deceive us or any other person, impersonate any other person while using the Site, conduct yourself in an offensive manner while using the Site, or use the Site for any illegal, immoral or harmful purpose;
6.1.5 submit, post, upload, email or otherwise send or transmit to the Site, or any user of the Site, anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to the Site; or
6.1.6 interfere with the Site or the servers or networks underlying or connected to the Site or violate any of the procedures, policies or regulations of the Site or any networks connected to the Site.
6.2 Nothing in these Terms & Conditions or at the Site authorises you to access or come onto any of the land. We expressly prohibit any person accessing or coming onto the land without express prior authorisation from a person authorised to give it.

7. Security


We use our reasonable endeavors to minimise viruses and bugs from infiltrating the Site, however, due to the nature of the internet, the Site may be affected by viruses or bugs from time to time. You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any linked web site.

8. Intellectual Property

The entire contents and design subsisting in, relating to or arising out of the Site and available through or in connection with the Site including but not limited to copyright, logos, trade marks, designs, text, graphics, images, information, applications and other files, and their selection and arrangement (the Site Content) are proprietary property of us, our content providers or our licensors, with all rights reserved. You must not do anything, or omit to do anything, which may infringe our intellectual property rights, except with our express written permission. This includes reproducing any part of the Site or Site Content.

9. Links to other websites

The Site may contain links to third party sites. Access to any other internet site linked to the Site is at your own risk and we accept no responsibility for the accuracy or reliability of any information, data, opinions, advice or statements made in any third party sites. Linked websites are responsible for their own terms and conditions of use.

10. Applicable law


10.1 The content, operation and interpretation of this website and the Terms of Use will be governed by the laws of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the Courts of Victoria in the event of a dispute arising out of, or in connection with, this website.
10.2 This Site may be accessed throughout Australia and overseas. Nostra Homes makes no representation that the content provided by the website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the website from outside Australia, you do so at your own risk and are responsible for ensuring that your access to this website is not illegal or prohibited by laws which apply to you.

11. Contacting us

If you have any questions about our Terms of Use or any queries or concerns about this website, please email us at info@nostrahomes.com.au. Alternatively, you can call us on 03 8353 2211 or contact us by post at the following address:

29 Keilor Park Drive, Keilor Park, Melbourne, Victoria, 3042

12. Changes to Terms of Use


We may change these Terms of Use at any time. If we do so, an amended version of these Terms of Use will be posted on the Site. Your continued use of the Site after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes. If you object to any changes to the Terms of Use, your only remedy is to discontinue your use of the Site. You are responsible for keeping up to date of any changes by regularly reviewing these Terms of Use.

NOSTRA HOMES 25 YEAR STRUCTURAL GUARANTEE TERMS AND CONDITIONS

1. This guarantee applies to all HIA New Home Contracts signed with Nostra Homes and Developments Pty Ltd from 1st of October 2014.

2. Nostra 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 Nostra Homes and Developments Pty Ltd.

3. This guarantee is given in addition to any guarantee, statutory insurance or homebuilders liability scheme in force in Australia and is subject to the terms below.

4. Terms which are capitalised in this document and defined in the HIA New Home Contract signed with Nostra Homes bear the same meaning as in the HIA New Home Contract signed with Nostra Homes and Developments Pty Ltd.

5. In this document:

  • “We”, “Our” or “Us” refers to Nostra Homes and Developments Pty Ltd; and
  • “You” or “Your” refers to the person who has entered into the contract with Nostra Homes and Developments Pty Ltd.

What is Covered?


6. On the terms and conditions set out in this document, we will guarantee the structural failure of the following structural elements for a period of Twenty Five (25) years:

a. Foundations and piers
b. Strip footings
c. Concrete house slab
d. Sub-floor and floor beams
e. Beams and lintels
f. Load bearing columns
g. Load bearing brick work
h. Load bearing wall frames and roof trusses
i. Structural timbers
j. Steel in wall or roof framing

7. For the purposes of this Structural Guarantee, a ‘structural failure’ will exist where the failed structural element set out in clause 6 is equal or greater than ‘Damage Category 3’ as defined in AS2870: Residential Slabs and Footings and has been confirmed by an engineer retained by us

What is Not Covered (Exclusions):


8. Any structural damage or failure caused to any structural element identified in clause 6 by one or more of the following events or items will void our structural guarantee in its entirety:


a. (Natural Causes): 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.
b. (Crime): Damage caused by criminal acts including without limitation, terrorism and vandalism is not covered by this guarantee.
c. (Post Settlement Site Conditions): Any site conditions experienced after Completion of the Building Works that were not within the control of Nostra 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.
d. (Foliage): Any damage arising out of, relating to or in connection with trees including without limitation, tree root systems is not covered by this guarantee.
f. (Fair Wear and Tear): This guarantee will not cover damage caused by fair wear and tear.
h. (Misuse or Neglect): 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. (Pest Control): 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. (Plumbing and Drainage): 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. (Unreasonable Delay): Failure to submit a claim to Nostra Homes within 30 calendar days of the structural failure being identified or becoming reasonably capable of being identified will void this guarantee.
k. (Maintenance): 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.
l. (Attempted Repairs): Any attempted repair of a structural failure will be considered Subsequent Works and accordingly, excluded from this guarantee.

9. If any one or more of the exclusions listed in this document apply, they will have the effect of voiding the entirety of our structural guarantee.

10. For the avoidance of doubt, damage or loss to any items not listed in clause 6 is not covered by our guarantee.

Conditions Precedent to Claiming under our Guarantee:


11. If you believe that you are entitled to make a claim in relation to our guarantee, as a condition precedent you must:


a. (Notice): provide a written description of your request to Nostra Homes within 30 calendar days of the structural failure being identified or becoming reasonably capable of being identified by post to Nostra Homes’ head office. Please see www.nostrahomes.com.au for our contact details. Any failure to give notice within the time and in the form set out in this subclause 11 (a) will void this guarantee in its entirety; and
b. (Access): Upon receipt of your claim, we will review your request and may seek to inspect your property to determine whether there is a structural failure meeting the requirements of this guarantee. Any failure by you to give or arrange reasonable access will void this guarantee in its entirety.

12. For the avoidance of doubt, failure to make a claim in accordance with the conditions precedent in clause 11 will void our structural guarantee in its entirety.

13. If a structural failure meets the requirements of our guarantee and you comply with the conditions precedent set out in clause 11, we will commence rectification works within a reasonable period of time, at our own cost.

14. You must provide or arrange reasonable access to your property for the purposes of any rectification work carried out by Nostra Homes in response to a valid claim made under clause 11 of this guarantee.

15. All works relating to this structural guarantee must be carried out by Nostra Homes and its nominated trades, suppliers and manufacturers. All materials will be supplied by Nostra Homes and its nominated suppliers.

16. 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.

17. 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.