MIRVAC RESIDENTIAL HOUSE AND LAND PACKAGES TERMS AND CONDITIONS
1. Mirvac Residential Website Terms of Use
These Terms and Conditions are in addition to the conditions of use of the Mirvac
Residential websites with the URL address ospreywaters.mirvac.com (Website)
2. House and Land Packages
The house and land packages displayed on this Website (House and Land Package) in
relation to the Osprey Waters residential development in Erskine include land and a house
which are sold together. Mirvac Real Estate Pty Limited (ACN 003 342 452) (Mirvac) sells the
land only under a contract for the Sale of Land (Land Contract) which includes a condition
precedent (details of which are set out in section 9 below) that the buyer enters into a
separate contract with Aussie Living Homes (ACN 093 870 618) (Builder) for construction of
the house (Building Contract) on the buyer’s lot.
3. The Builder
The Builder is not a subsidiary or related entity of Mirvac. Mirvac has no responsibility or
liability whatsoever in relation to the actions of, or products offered by the Builder and
buyers must review all information provided to them by the Builder carefully, make their
own inquiries and obtain independent advice before engaging the Builder under the Building
Contract.
In particular:
(a) Mirvac makes no representations and gives no warranties about the Builder's ability to
enter into or perform the Building Contract; and
(b) Mirvac will not be liable for:
a. any failure by the Builder to enter into or perform the Building Contract;
b. any delays in construction;
c. any representations made by the Builder; or
d. any loss or damage suffered by the buyer or any other person in any way arising out
of or relating to the Building Contract.
Promotional offers, incentives, bonuses, concessions or any other Builder “extras”, whether
in cash or in kind, are offered by the Builder alone and Mirvac accepts no liability or
responsibility with regard to them. Such offers do not form part of any offer or Land
Contract entered into by Mirvac with the buyers.
Buyers should make appropriate enquiries with the Builder.
4. Price
The advertised price of a House and Land Package shown on the Website is indicative only
and is subject to change without notice.
In particular, the price for the construction of the house component of a House and Land
Package:
a. is based on the Builder's standard specifications and inclusions for the house which can
be obtained from the Builder;
b. unless otherwise advertised, may be subject to exclusions such as landscaping, fencing,
and any other exclusions nominated by the Builder; and
c. may vary depending on other circumstances as set out in the Building Contract.
Buyers should make appropriate enquiries as to exclusions and variations with the Builder
prior to purchase of a House and Land Package they are interested in.
The prices shown on this Website do not include stamp duty on a Land Contract or the
Building Contract, registration fees (including registration fees in relation to the transfer of
the land), local government change in ownership fees and any other fees or charges
(including legal fees or the costs of other services) incidental to the acquisition of land or a
house or the construction of a house. Buyers will need to pay these fees and charges
separately.
The prices on the Website are correct at the time of publication, but may change as a result
of variations in the inclusions or specifications of the house required by the buyer or due to
any other circumstances that may affect the price as set out in the Building Contract, or
changes in local, state or federal government laws or requirements applicable to the
acquisition of land or a house or the construction of a house.
The price may include rebates that are conditional on the buyer meeting specified
requirements in accordance with the Land Contract. For details please speak to a Mirvac
Sales Representative.
A buyer should make appropriate enquiries with their own advisers, Mirvac Sales
representatives and the Builder’s representatives prior to purchasing a House and Land
Package they are interested in.
5.
Alterations
Alterations may be required to the advertised house to ensure it complies with any building
covenants applying to the land. Buyers are responsible for satisfying themselves as to the
compatibility of the house with all applicable building covenants.
6. Images, Descriptions and Features
Images (including photographs, illustrations and other images) used on the Website and in
advertisements intended to be a visual aid only and may show features or inclusions which
are not available for all houses or House and Land Packages.
Mirvac gives no warranty and makes no representation as to the accuracy or sufficiency of
any image, description, illustration, photograph or statement contained on this Website or in
any advertisement and will not be liable for any loss or damage suffered or incurred by a
buyer or any other person who relies upon the information on this Website or in any
advertisement except for any liability which cannot be excluded by law.
Buyers should make their own enquiries regarding the full specifications for any House and
Land Package they are interested in.
7. No Liability
Mirvac will not be liable for any loss or damage suffered or incurred by a buyer or any other
person who relies upon the information on the Website or in any advertisement relating to a
House and Land Package except for any liability which cannot be excluded by law.
8. General
Mirvac may cancel or make changes to these terms and conditions at any time without
notice. Such changes may include adding or withdrawing a House and Land Package.
These terms and conditions supersede any prior terms and conditions relating to a House
and Land Package.
Buyers must rely on their own enquiries in relation to the Land Contract and Building
Contract relevant to the particular House and Land Package.
9. Condition precedent to performance of Land Contract – Buyer covenants to construct
building
The following condition precedent to performance appears in each Land Contract in relation
to Osprey Waters House and Land Packages advertised on this Website:
(a) The Buyer may only construct on the Property a Building that complies with the Restrictive
Covenants, the Guidelines, and the Detailed Area Plan.
(b) The Buyer must use reasonable endeavours to:
(i)
negotiate the contents of a Building Contract with the Builder; and
(ii)
enter into a Building Contract with the Builder, as soon as reasonably possible after
the Contract Date.
(c) The Land Contract is subject to and conditional upon the following:
(i)
the Buyer entering into a Building Contract;
(ii)
the Buyer paying to the Builder any deposit that is payable under the Building Contract
by:
(A)
the date when it is due for payment under the Building Contract; or
(B)
before the Settlement Date, whichever is the earlier.
the Builder giving notice to the Seller, in the Builder’s absolute discretion, that the
Builder is satisfied that the Buyer has obtained finance or has otherwise obtained sufficient
funds to fulfill its payment obligations under the Building Contract.
(iii)
(d) The Buyer must not do or omit to do anything (including by exercising any statutory or
other right) so as to:
(i)
cause a default under, or breach a condition or a term of, the Building Contract;
(ii)
bring about the termination or rescission of the Building Contract; or
(iii)
cause directly or indirectly the Builder to terminate the Building Contract.
(e) The Buyer must not vary the Building Contract without receiving the prior written consent
of the Seller to the terms of the proposed variation.
(f) The Buyer acknowledges and agrees that the Buyer is required to commence the
construction of a residence on the Property in accordance with the Building Contract no
later than 6 months from the date of Settlement.