In these terms and conditions, AVID Property Group means the relevant AVID Property Group or Villa World entity that is the vendor of the land at the relevant development site and its related entities.
2 House and Land Packages
House and land packages are created by builders that are not related to, or associated with, AVID Property Group. These packages consist of land and a house (House and Land Packages), which are sold separately. AVID Property Group is responsible for the sale of land only. Purchasers will need to enter into:
(a) the sale and purchase of land contract with AVID Property Group (Land Contract); and
(b) a separate contract with the relevant builder for the construction of the house on the land (Building Contract).
(a) House and Land Packages are based on specific house and land combinations. Alternative house and land combinations will be subject to availability and different pricing. The House and Land Packages will only be available until sold and are subject to change without notice. Purchasers should contact an AVID Property Group sales consultant and the builder of the house in their chosen package (Builder) to confirm availability.
(b) AVID Property Group will not be liable due to the inability of AVID Property Group and the relevant Builder to offer for sale a House and Land Package, or provide any aspect of the House and Land Package, due to circumstances beyond the control of AVID Property Group.
The prices advertised in relation to House and Land Packages are:
(a) estimates only, based on the price of the land and the housing cost component, which is subject to final tender by the Builder on the basis of agreed specifications;
(b) based on figures available to AVID Property Group as at the time of publication and are subject to change without notice;
(c) based on the relevant Builder’s standard specifications and inclusions for the house as provided to AVID Property Group by the Builder. The price may be subject to exclusions such as site establishment costs, landscaping, fencing and any other exclusion nominated by the Builder (further details regarding the specifications and inclusions for the house should be obtained from the Builder);
(d) not inclusive of stamp duty on the Land Contract or the Building Contract, registration fees and any other fees or charges relating to the purchase of the land and Purchasers will need to pay these amounts;
(e) subject to adjustments under the Land Contract, including but not limited to council rates, water rates and land tax.
Purchasers should contact an AVID Property Group sales consultant and their chosen Builder to confirm pricing and obtain the relevant contracts.
3 No warranties, representations or liability - Builder and Building Contract
The Builder and AVID Property Group are separate and unrelated entities. The Building Contract as between the Purchaser and the relevant builder is for the construction of the house on the land (Building Works). The Building Contract is a contract for residential building work within the meaning of the Home Building Act 1989 (NSW). The Land Contract is not a contract for residential building work within the meaning of the Home Building Act 1989 (NSW).
AVID Property Group is not and will not carry out the Building Works. AVID Property Group makes no representations and does not warrant that the Building Works (including any fixtures and fittings) when completed:
(a) will be constructed using the same plans and specifications, standard of workmanship or quality of materials as were used for the construction of any display home or other homes constructed by the Builder; and
(b) will be identical in every respect with any display home or promotional material used by AVID Property Group or the Builder for sales purposes.
The colours, finishes, facades, appliances and other inclusions in the Building Works may differ to those that appear in any similar homes constructed by the Builder that the purchaser has or may have inspected.
Purchasers should make their own enquiries in relation to the Builder and the house to be constructed and satisfy itself in relation to the Builder, the Building Contract, the Building Works and the fitness or suitability of the Building Works for any particular purpose of the purchaser.
AVID Property Group will not be liable or responsible for:
(a) any act omission or negligence of the Builder or its employees, agents or contractors in connection with the construction of the Building Works including defects or any failure by the Builder to rectify defects; and
(b) any loss and damage arising out of or relating to the Builder, the Building Contract and/or the Building Works including, but not limited to, any delays in construction however caused; and
(c) any representations or warranties made by the Builder including but not limited to any promotional offers and incentives, which may be offered by a Builder but which fall outside of the advertised House and Land Package. Purchasers should make appropriate enquires with the Builder and others regarding any representations made by the Builder.
4 No reliance on photos, images and descriptions
4.1 Visual aids
Photos, images and descriptions are intended to be a visual aid only and may:
(a) show items or inclusions which do not form part of the House and Land Packages;
(b) contain inaccuracies or misdescriptions in relation to the land and the proposed development including, but not limited to, location, size, use and boundaries of the land as well as the location or existence of any facilities, amenities or services; and
(c) some photos and images may not depict the actual development.
4.2 Limited liability
(a) Purchasers should make their own enquires regarding the full specifications and inclusions for any House and Land Package they are interested in and satisfy themselves prior to entering into any agreements or contracts.
(b) AVID Property Group gives no warranty and makes no representation regarding the accuracy or sufficiency of any photo, image or description.
(c) To the extent permitted under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) and any other applicable law, AVID Property Group will not be liable for any loss or damage suffered or incurred by a purchaser or any person who relied upon any advertising or other promotional material.
(a) Purchasers are responsible for ensuring that the house constructed on the land as part of the House and Land Package complies with all easements, restrictions, covenants (including building covenants), legislative requirements, including council and authority approvals and design requirements applicable to the land (Encumbrances).
(b) Alterations may be required to be made to an advertised house as part of the House and Land Package to ensure it complies with any Encumbrances applying to the land. These alterations may increase the cost of construction.
6 General Terms
(a) The sale and purchase of the land as part of the House and Land Package is subject to the terms of the Land Contract. If there is any inconsistency between these terms and conditions and the Land Contract, the Land Contract prevails.
(b) The sale and purchase of a house as part of the House and Land Package is subject to the terms of the Building Contract.
(c) All information provided by AVID Property Group is subject to change without notice, including these terms and conditions.
(d) Purchasers should make their own enquires and satisfy themselves as to whether the information and pricing provided is correct and current and obtain legal and financial advice before entering into any contract.
11 February 2019