Terms and Conditions

TERMS & CONDITIONS - Open Home - Capri 19

1. Promotion
Nostra Homes - Open Home - Capri 19 

2. Promoter
NOSTRA HOMES & DEVELOPMENTS PTY. LTD. ABN 66 127 679 627 of Level 13, 637 Flinders Street, Docklands VIC 3008

3. Promotional Period
Entries Open: 10.00am AEST, Saturday, 1st June 2024
Entries Close: 1.00pm AEST, Saturday, 1st June 2024

4. Eligible Entrants
Residents of [Victoria, Australia] aged 18 years and over and who are:

  • not an employee or volunteer of NOSTRA HOMES & DEVELOPMENTS PTY. LTD. ABN 66 127 679 627
  • not otherwise directly connected to the Promotion; and
    • meet any additional eligibility requirements set out in the Promotion Terms.

    5. How to Enter
    During the Promotional Period, an Eligible Entrant must:

    Visit the “Nostra Homes – Open Home – Capri 19” entry page (available here);

    • enter the required personal details into the entry form (including First Name, Surname, Email, Postcode, Phone Number); and
    • submit the entry form.

    An Eligible Entrant may not submit more than one entry.

    6. Prize(s)
    The Prize consists of:

    • Melbourne City Football Club 23/24 signed jersey

    Melbourne City Football Club signed ball

    Prize Value: $300

    Total Prize Pool: $300

    7. Prize Selection
    Method: The winning Eligible Entrant will be determined by each valid entry being placed in a draw, from which the winner will be selected at random. Each entry in the draw will have a random and equal chance of being drawn as the Prize winner.
    Date: AEST, Monday, 3rd June 2024
    Time: 10am
    Location:  Level 13, 637 Flinders Street, Docklands VIC 3008
    The promoter reserves the right to amend the date and time of the draw, or the location of the draw, in the event that State Government regulations addressing permitted business operations during the COVID-19 pandemic necessitate such an alteration. If such an alteration is required, the Promoter will publish those amended details on the Promoter’s website.
    Notification: The winner will be notified by email within two (2) business days of the prize selection date. The winner will be required to provide a reply email acknowledgement to be considered to have accepted their prize. Reasonable efforts will be made to contact the winner. If a winner cannot be contacted or if a winner fails to communicate their acceptance of the prize to the Promoter within 7 days of being contacted by the Promoter, or fails to provide the requested information, or is unable to comply with the Promotion Details and Terms and Conditions, the Promoter reserves the right to offer the prize to the runner up, as provided in item 8 ‘Unclaimed Prizes’.

    8. Publication of winners
    https://nostrahomes.com.au/win...

    9. Unclaimed Prizes
    If a Prize is unclaimed, the Promoter determines that a winner is ineligible or a winner notifies the Promoter that they can no longer claim a Prize, then the Promoter may instead offer the prize to the relevant next runner up, then as required, a portion of the Promotion may be redrawn.

    Any Prizes unclaimed within the timeframe stated in the ‘Notification’ section will be automatically forfeited.

    10. Personal Information
    https://nostrahomes.com.au/privacy.html

    Promotion Terms and Conditions
    Promotion Terms:

    1. The Promotion Details and the Promotion Terms together form the terms and conditions of entry for the Promotion (Terms and Conditions). By participating in this Promotion each entrant accepts and agrees to be bound by these Terms and Conditions.

    2. To the extent of any inconsistency between the Promotion Details and the Promotion Terms, the terms of the Promotion Details will prevail.  Capitalised terms not otherwise defined in these Promotion Terms have the same meaning as in the Promotion Details. A reference to an Item in these Promotion Terms means the corresponding item in the Promotion Details.

    3. The promoter is NOSTRA HOMES & DEVELOPMENTS PTY. LTD. ABN 66 127 679 627 of Level 13, 637 Flinders Street, Docklands VIC 3008 (Promoter).

    4. Information on how to enter and the prizes form part of these Terms and Conditions.

    5. Entry is open to Eligible Entrants set out at Item 3. In addition to these entry limitations, directors, officers, management and employees (and the immediate family members of directors, officers, management and employees) of the Promoter or any suppliers, providers, companies and agencies associated with the Promotion are not eligible to enter.  "Immediate family member" means a spouse, ex-spouse, de-facto spouse, parent, child, sibling or step-child, whether or not they live in the same household.

    6. Entrants must be at least the age specified in Item 3. If permitted under Item 3, entrants under 18 years of age must have parental/guardian approval to enter and parental/guardian consent to these Terms and Conditions. If the winner, or a nominated or delegated participant in a winner’s prize, is under the age of 18 years, his/her parent or guardian will be required to consent in writing to these Terms and Conditions. The Promoter reserves the right to request that an Entrant provide contact details of a parent / legal guardian as part of the submission or winner verification process and may contact an Entrant’s parent or legal guardian to verify such prior permission. If the winner is under the age of 18, the Promoter may require these Terms and Conditions be signed by the winner’s parent or legal guardian before the prize is awarded.

    7. To enter the Promotion, Eligible Entrants must complete the steps set out in Item 4.

    8. The Promoter reserves the right, at any time, in its sole discretion, to:

    (a) verify the validity of entries and entrants (including but not limited to an entrant’s identity, age and place of residence); and/or

    (b) disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions or who tampers with the entry process; and/or

    (c) disqualify at any time any entry that, in the opinion of the Promoter, includes objectionable content, profanity or is potentially insulting, inflammatory or defamatory.

    9. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

    10. Entries will be deemed to be accepted once Eligible Entrants have completed the steps set out in Item 4. Incomplete, indecipherable or illegible entries will be deemed invalid. No responsibility will be taken for lost or misdirected entries.

    11. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

    12. The Promoter prohibits entries that violate the rights of others, include objectionable content or are unlawful or potentially insulting, inflammatory, defamatory or obscene.

    13. Entry to the Promotion will be free of charge.

    14. The Winner of the Prize will not be charged a delivery or administrative fee.

    15. In accordance with Item 8, if for any reason a winner does not take a Prize by the time stipulated by the Promoter, then that winner’s Prize will be forfeited.

    16. The Promoter reserves the right to conduct a redraw, in its absolute discretion, in the event an entrant has not claimed a prize within the timeframe prescribed in Item 8. The Promoter will conduct the unclaimed prize draws on a date determined by the Promoter at the same time and place as the original draw, subject to state/territory regulations, and the winner(s) of that draw will be notified, and their details disclosed, in the same manner as would have been required under the original draw.

    17. The Promotor may substitute the winner of a Prize if that person is not readily identifiable and reasonable efforts have been made by the Promoter to identify the winner.

    18. If a Prize (or part of a Prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the Prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.

    19. The Prize Value(s) in these Terms and Conditions are in Australian dollars, include Australian GST where applicable and are based on the recommended retail value of Prize components at the time of printing.

    20. The Promoter accepts no responsibility for any variation in the value of any part of the Prizes. To the extent permitted by law:

    (a) the Promoter makes no representations or warranties as to the suitability of the Prizes; and

    (b) no compensation will be payable if, for any reason, a winner is unable to use the Prizes as stated.

    21. The winner accepts the Prize 'as is' and acknowledges that the Promoter accepts no responsibility for any tax implications that may arise from the Prize.

    22. Entrants are not required to be present at the prize draw to be eligible to win, unless

    (a) entry to the Promotion is only available in the premises in which the draw is to take place; and

    (b) the draw takes place within 24 hours after the commencement of the Promotion.

    23. The winners will be notified in writing by email within the timeframe prescribed in Item 6 using the contact details provided to the Promoter on entry into the Promotion. The winners' details may also be published in the public notices section in the newspaper and on the date set out in Item 7. The winners' details will also be published at the website and for the time period set out in Item 7.

    24. The Prizes are as stated and cannot be varied or transferred or exchanged for cash or goods. If, for any reason whatsoever, the winner does not take an element of the Prize at the time stipulated by the Promoter, then that element of the Prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the Prize. Prize values are the recommended retail value as provided by the supplier and are correct at time of printing.

    25. Only one prize can be won by any single entrant.

    26. Printing errors and other quality control matters will not be used as a reason for refusing a winning entry.

    27. The Promoter's decision in relation to any aspects of the Promotion is final and binding on every person who enters.

    28. Any ticketed method of draw will allow each ticket in the draw a random and equal chance of being drawn.

    29. Subject to the approval of the relevant trade promotion regulators, if this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to  infection by computer virus, bugs, tampering, technical difficulties, unauthorised intervention or fraud, which corrupt or affect the administration security, fairness or integrity or proper conduct of this promotion, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant who tampers with the entry process; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.

    30. The Promoter is not responsible for any incorrect or inaccurate information either caused by programming associated with or utilised in the promotion, or for any technical error, or any combination thereof that may occur in the course of the administration of the promotion including any omission, interruption, deletion, defect, delay in operation or transmission, communications line, mobile or satellite network failure, theft or destruction or unauthorised access to or alteration of entries.

    31. Any cost associated with accessing the promotional website is the entrant’s responsibility and is dependent on the internet service provider used.

    32. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

    33. Entrants consent to the Promoter using the entrant's name, likeness, image, voice and/or entry if they are a winner including photograph, film and/or recording of the same in any media for an unlimited period without remuneration for the purpose of promoting the Promotion including any outcome, and promoting any products, services or materials manufactured, distributed and/or supplied by the Promoter or the supplier of the Prizes and any related use by the Promoter.

    34. It is a condition of accepting a Prize that the winner agrees to participate in and cooperate with all reasonable media editorial requests, including but not limited to, being interviewed, photographed and filmed and the winner grants the Promoter a perpetual, irrevocable, non-exclusive, royalty free licence to use such footage and photographs in all media worldwide and the winner will not be entitled to any fee for such use. The inclusion of any such recordings, footage or photographs (including but not limited to creative control of such recordings, footage or photographs) will remain with the Promoter at all times.

    35. As a condition of accepting the Prize, the winner and if relevant a) their parent or legal guardian, if the winner is aged under 18 years; and b) a nominated or delegated participant in a winner’s prize, may be required to sign legal documentation as and in the form required by the Promoter in its absolute discretion, including but not limited to a legal release and indemnity form.

    36. Except for any liability that cannot be excluded by law, the Promoter and its related entities and their respective officials, servants, representatives, agents and sponsors (and any of their respective representatives), exclude all liability (including liability in negligence) for any claim, personal injury, death, loss or damage (including loss of opportunity), cost or expense that may be suffered, incurred or sustained by the entrant or the winner, whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after its receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; and/or (e) redemption and use by the winner of any Prize. 

    37. All entrants in the Promotion, including the winner, provide a release and indemnity to the Promoter and its officials, servants, representatives, agents and sponsors (and any of their respective representatives) against any claim, loss, damage, liability, cost and expense that may be incurred or sustained by the Promoter or its officials, servants, representatives, agents and sponsors (and any of their respective representatives) arising out of any act, matter or thing done, permitted or omitted to be done by the entrant including the winner in relation to the Promotion or the Prize. 

    38. The Promoter and its related entities and their respective officials, servants, representatives, agents and sponsors (and any of their respective representatives) take no responsibility for defective Prizes or Prizes damaged or lost in transit, or late, lost or misdirected mail.

    39. The release and indemnity in clauses 36 and 37 (each a "relevant commitment") is given by each entrant (including the Winners) in favour of the Promoter.  It is acknowledged that:

    (a) the relevant commitment is given by each entrant and the winner for the benefit of the Promoter with the intention that the Promoter is entitled to rely on and enforce the relevant commitment;

    (b) the benefit of the relevant commitment is held by the Promoter on its own behalf; and

    (c) the Promoter may enforce and recover under the relevant commitment.

    1. The Entry details remain the property of the Promoter. Entrants' personal information will be collected by the Promoter for the purpose of conducting and promoting this Promotion (including for the purpose of identifying and notifying the winner). Without limiting the foregoing, the Promoter may disclose entrants' personal information to other parties assisting in the administration of the Promotion including the Promoter's related entities, prize suppliers, external service providers and authorities that regulate this Promotion, who may then use such information for the purposes of assisting the Promoter in the conduct and promotion of this competition. By accepting these Terms and Conditions, the entrant consents to the Promoter, their collective related entities and business partners (as applicable) using the entrants' personal information for the purpose of sending direct marketing messages with respect to programs, products and services available through any or all of them. The name, address, phone number and email address of entrants may also be incorporated into the Promoter's mailing list for future promotional, marketing, publicity, research, profiling and analytical purposes. Entrants may be contacted via electronic text messages, emails, mail and telephone. The Promoter will handle the entrants' personal information in accordance with the NOSTRA HOMES & DEVELOPMENTS PTY. LTD.  Privacy Policy which is available at https://nostrahomes.com.au/privacy.html. Entrants may request access to or correction of their personal information held by the Promoter by writing to the Marketing Department at marketing@nostrahomes.com.au.

    40. These Terms and Conditions are governed by the laws of the State of Victoria, Australia and each entrant agrees to submit to the exclusive jurisdiction of the courts of Victoria.



    TERMS & CONDITIONS - FINANCE DISCLAIMER INC. FHOG

    Offer valid until advertised package is sold out. Fees, terms and conditions apply. Loan repayment amounts are based on principal and interest repayments over a loan term of 30 years with an interest rate of 6.44% p.a. and a comparison rate of 6.76% p.a and also factoring a 90% loan of the advertised package price (available from Westpac Flexi first home loan rate as at 22nd May 2024). Interest rates are subject to change. The Comparison rate is based on a $150,000 loan term and over a 25-year loan term. Applicants must have enough savings to pay for the land and build deposit of 10% for each contract plus mortgage insurance, registration and legal fees, stamp duty and any other fees and charges less the *First Home Owner Grant for those applicants eligible to receive this grant. **The advertised government charges assumes that the first home buyers stamp duty exemption will apply. For further details and the eligibility criteria, please see:

     www.sro.vic.gov.au 

    All loan applications must comply with the lenders credit assessment criteria before any loan offer can be made. Loan applications to be arranged through Mortgage Domayne (Australian Credit Licence 389087). Applicants should be aware that repayments are based on an annual figure then divided by 52 weeks. Applicants should seek independent financial and legal advice before making any decision. Fees and charges are estimates and should be confirmed by banks formal letter of offer.

    WARNING: This comparison rate is true only for the examples given and may not include all fees and charges. Different terms, fees or other loan amounts might result in a different comparison rate.

    FIRST HOME BUYERS

    ^Eligible first home buyers. See https://www.sro.vic.gov.au for eligibility criteria. Townhome price is based on specified home façade and floorplan in estate location. For full details, speak to a Nostra sales consultant. Packages valid until sold out.

    TERMS & CONDITIONS - $10K YOUR WAY PROMOTION^

    This offer is valid from 9th of September 2023 until 5PM AEST 1st June 2024. In order to be eligible clients must pay an initial $3,000 deposit on the build by the end of the promotion period. The $10k Your Way promotion will be applied at the time of sales submission to either the base price of the home or as a discount to the total value of upgrades chosen. Upgrade offer applies to standard upgrade items currently available, and cannot be used for any non-standard structural upgrades, site costs or any other non-standard items. All upgrades are in lieu of standard inclusions. Offer may not be used in conjunction with any other offer unless specified. Split System upgrade is from the builders selected range and will be installed to the main living area and is valid for the first 10 buyers only. Nostra Homes projects that are applicable to this offer can be found at 

    Nostra Homes - New Home Builders and Townhomes in Redstone, Underbank, Carolina And Melbourne

     Minta, Berwick is not applicable to this offer, instead a $5,000 Build Price Discount# or further $5,000 worth of upgrades will be applied to this project. Nostra Homes and Developments Pty Ltd. reserves the right to end this promotion at any time.


    TERMS & CONDITIONS - Nostra Homes KDR Colorbond® Promotion

    Visit Nostrahomes.com.au for terms and conditions. Valid when you undertake a Knockdown Rebuild by Nostra Homes, and purchase a home from the Homes by Nostra Homes Range only. Excludes COLORBOND® steel Matt and COLORBOND® Ultra steel. Offer valid from the 1st June 2024 until the 31st August 2024. Conditions and exclusions apply. COLORBOND® is a registered trademark of BlueScope Steel Limited. ABN 16 000 01 058.

    Terms and Conditions

    1. The promoter is Nostra Homes and Developments Pty Ltd ABN 66 127 679 627, Address 637 Flinders Street, Docklands 3008 VIC Australia. (Nostra Homes)

    2. Participants must select offer and pay an initial $5,000.00 deposit and complete the sales process in accordance with the standard terms provided by Nostra Homes between 1st of June 2024 and 31st September 2024.

    3. This promotion is valid for Victorian residents who enter into a building contract with the Nostra Homes to build a new home in the state of Victoria within 90 days of paying the initial deposit.

    4. This promotion is for a participant to elect a free upgrade to a roof made of COLORBOND® steel.

    5. This promotion is only valid when you undertake a Knockdown Rebuild by Nostra Homes, and purchase a home from the Homes by Nostra Homes Range only and is available to all single and double storey homes. It is not valid for the Townhomes by Nostra Homes range.

    6. This promotion cannot only be used with any other running promotions.

    7. Upgrade is to a standard roof made from COLORBOND® steel. Not valid for COLORBOND® steel Mattor COLORBOND® Ultra steel, where additional charges may apply.

    8. This promotion can be withdrawn at any time by Nostra Homes.

    9. This promotion is not changeable or redeemable for cash.

    10. Extra charges may apply for changes during colour selection prior to contracts being signed. The price of the roof does not include any Six Star Energy requirements or additional developer requirements. COLORBOND® steel roof colours must be selected in accordance to developer guidelines.

    11. COLORBOND® is a registered trade mark of BlueScope Steel Limited, ABN 16 000 011 058. This promotion is administered by Nostra Homes and not BlueScope Steel Limited. To the maximum extent permitted by law, BlueScope Steel Limited is not responsible for the administration of, nor liable for any damage or loss arising from, this promotion. Please direct any questions regarding this promotion to Nostra Homes. Builders Registration #DB-U:32976


    TERMS & CONDITIONS - MCFC $15K MEMBER EXCLUSIVE OFFER

    “Score up to $15K worth of value when you build with Nostra Homes” offer is valid from Saturday February 17th, 2024 until 5PM AEST Sunday June 30th 2024, and exclusively available to Melbourne City Football Club season members.

    In order to be eligible clients must pay an initial $3,000 deposit on the build by the end of the promotion period. The $10k Your Way promotion will be applied at the time of sales submission to either the base price of the home or as a discount to the total value of upgrades chosen. An additional $5K reduction of the build price# applies to MCFC members only. Clients will be required to provide evidence of membership to claim the offer.

    The upgrade offer applies to standard upgrade items currently available, and cannot be used for any non-standard structural upgrades, site costs or any other non-standard items. All upgrades are in lieu of standard inclusions. Offer may not be used in conjunction with any other offer unless specified. Split System upgrade is from the builders selected range and will be installed to the main living area. Nostra Homes projects that are applicable to this offer can be found at https://nostrahomes.com.au/townhomes.html.  Minta, Berwick is not applicable to this offer, instead a $5,000 Build Price Discount# or further $5,000 worth of upgrades will be applied to this project.

    #$5K build discount offer applies to select townhome designs and may vary based on location and specific options chosen. Estimated costs for the package are indicative only and other costs and fees are payable, including but not limited to: transfer/stamp duty, settlement/registration fees, legal/conveyancing fees, finance costs, site works, engagement of any consultants, approvals, connection for services and variations. Nostra Homes and Developments Pty Ltd reserves the right to modify or terminate this promotion at any time without liability. This discount offer cannot be combined with any other offers or discounts unless explicitly stated and is only valid for new contracts signed within the specified promotional period. This disclaimer is for informational purposes only and does not constitute a contract or agreement.

    TERMS & CONDITIONS - SUPPLIER & SUBCONTRACTOR PROMOTION

    This offer is available to Nostra Homes and Developments Pty Ltd suppliers and sub-contractors and is valid from 15TH February 2024 until 5PM AEST 31st December 2024. In order to be eligible clients must pay an initial $3,000 deposit on the build by the end of the promotion period. The $20,000 promotion will be applied at the time of sales submission as a discount to the total value of upgrades chosen, and applies to standard upgrade items currently available, and cannot be used for any non-standard structural upgrades, site costs or any other non-standard items. All upgrades are in lieu of standard inclusions. Offer may not be used in conjunction with any other offer unless specified. Split System upgrade is from the builders selected range and will be installed to the main living area. Nostra Homes designs that are applicable to this offer can be found at https://nostrahomes.com.au/. Please speak directly with a Nostra Homes team member  for detailed costing. Nostra Homes and Developments Pty Ltd. reserves the right to end this promotion at any time.

    TERMS & CONDITIONS - BUILD DISCOUNT OFFER#

    $5K build discount offer valid until 31st March 2024. Price reduction applies to select townhome designs and may vary based on location and specific options chosen. Nostra Homes and Developments Pty Ltd reserves the right to withdraw or alter any package at any time without notice at its absolute discretion. Estimated costs for the package are indicative only and other costs and fees are payable, including but not limited to: transfer/stamp duty, settlement/registration fees, legal/conveyancing fees, finance costs, site works, engagement of any consultants, approvals, connection for services and variations. Nostra Homes and Developments Pty Ltd reserves the right to modify or terminate this promotion at any time without liability. This discount offer cannot be combined with any other offers or discounts unless explicitly stated and is only valid for new contracts signed within the specified promotional period. This disclaimer is for informational purposes only and does not constitute a contract or agreement.

     

    TERMS & CONDITIONS - The Como | New Design

    Nostra Homes and Developments Pty Ltd reserves the right to withdraw or alter any package at any time without notice at its absolute discretion. Estimated costs for the package are indicative only and other costs and fees are payable, including but not limited to: transfer/stamp duty, settlement/registration fees, legal/conveyancing fees, finance costs, site works, engagement of any consultants, approvals, connection for services and variations.Nostra Homes reserves the right to amend specification and price without notice. The First Home Owners Grant is a Government incentive and is subject to change. Nostra Homes and Developments Pty Ltd. Information and other content contained within this document is believed to be accurate as at October 2023 but may change at any time without notice.

    TERMS & CONDITIONS - 25 YEAR STRUCTURAL GUARANTEE

    1. This guarantee applies to all HIA New Home Contracts signed with Construct ALM Pty Ltd from 1st of October 2014.

    2. Construct ALM Pty Ltd 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 Construct ALM 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 Construct ALM Pty Ltd bear the same meaning as in the HIA New Home Contract signed with Construct ALM Pty Ltd.

    5. In this document:

     “We”, “Our” or “Us” refers to Construct ALM Pty Ltd; and

     “You” or “Your” refers to the person who has entered into the contract with Construct ALM 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 Construct ALM Pty Ltd 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.

    c. (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.

    d. (Subsequent Works): 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.

    e. (Fair Wear and Tear): This guarantee will not cover damage caused by fair wear and tear.

    f. (Minor Cracking): Depending upon climatic conditions, it will take up to 24 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. (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.

    h. (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.

    i. (Unreasonable Delay): Failure to submit a claim to Construct ALM Pty Ltd within 30 calendar days of the structural failure being identified or becoming reasonably capable of being identified will void this guarantee.

    j. (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.

    k. (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 Construct ALM Pty Ltd within 30 calendar days of the structural failure being identified or becoming reasonably capable of being identified by post to Construct ALM Pty Ltd’ 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 Construct ALM Pty Ltd 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 Construct ALM Pty Ltd and its nominated trades, suppliers and manufacturers. All materials will be supplied by Construct ALM Pty Ltd 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.

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