Designed-Approved House & Land Packages
PART A - STOCKLAND ENTITY
1. In these terms and conditions, "Stockland" means Stockland Development Pty Limited ACN 000 064 835 of Level 25, 133 Castlereagh Street, Sydney NSW 2000 and its related entities.
PART B - Designed-Approved House & Land Packages
2. Each design-approved house and land package advertised by or on behalf of Stockland (Design Approved House & Land Package) consists of land and a house which are sold separately. Stockland is responsible for the sale of the land only. A Buyer wishing to purchase a Design-Approved House & Land Package will need to enter into:
(a) a contract for the sale of land (Land Contract) with Stockland; and
(b) a separate contract with a participating builder (Builder) for construction of the home on the land (Building Contract).
3. The Builders are not subsidiaries or related entities of Stockland. Stockland makes no representations and gives no warranties in relation to the Builder or the Building Contract, including the Builder's ability to enter into or perform the Building Contract. Stockland will not be liable for:
(a) any failure by the Builder to enter into or perform the Building Contract;
(b) any delays in construction (irrespective of whether such delays are due to the time required by Stockland to obtain a separate title for the land, provided the relevant timeframe is in accordance with the relevant provisions of the Land Contract);
(c) any defects in construction;
(d) any representations or warranties made by the Builder; or
(e) any loss suffered by the Buyer or any other person in any way arising out of or relating to the Builder or the Building Contract.
4. Buyers will not be able to choose an alternative house or alternative land for a Design-Approved House & Land Package unless otherwise agreed by Stockland and the Builder (in which case, prices and incentives may change). Each Design-Approved House & Land Package is only available until sold or until the relevant land is sold (whichever is applicable). For details of availability of Design-Approved House & Land Packages, and for details of Builders, contact the Stockland Sales & Information Centre at the relevant residential community.
5. To get the benefit of the house component of a specific Design-Approved House & Land Package, the Buyer will need to enter into the Building Contract within a specified period nominated by the Builder, and that Building Contract must be unconditional in relation to the obligations of the Buyer by such date as may be nominated by the Builder. Buyers should make appropriate enquiries with the Builder.
6. Stockland discloses that a lot within a Design-Approved House and Land Package may include a restriction on use which may be registered on title preventing the construction of a dwelling other than the dwelling approved by the relevant authority as part of the development approval relating to the land. Buyers should review the terms of the Land Contract for further details.
PART C - PRICE OF DESIGN-APPROVED HOUSE & LAND PACKAGES
7. The advertised price of a Design-Approved House & Land Package:
(a) is correct as at the time of publication, but is subject to change without notice. Reasons why the advertised price may change include, but are not limited to, periodic price increases by Stockland and/or Builders, variations in the inclusions or specifications of the house, and changes in local, state or federal government laws or requirements applicable to the acquisition of land and/or a house;
(b) is based on the Builder's specifications and inclusions for the house, details of which can be obtained from the Builder;
(c) unless otherwise advertised, may be subject to exclusions as nominated by the Builder such as landscaping, fencing and other exclusions. The price of the house may also vary in other circumstances as set out in the Building Contract. Buyers should make appropriate enquiries as to the exclusions and variations with the Builder prior to purchase;
(d) does not include stamp duty on the 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. Buyers will need to pay these fees and charges separately; and
(e) is subject to adjustments under the Land Contract including, but not limited to, council rates, water rates, land tax and other statutory charges.
8. Any advertised Builder bonus or any other Builder extras, incentives or concessions, whether in cash or in kind, are offered by the Builder alone and Stockland accepts no liability or responsibility with regard to them. They are subject to such eligibility criteria, terms and conditions as may be imposed by the Builder. Buyers should make appropriate enquiries with the Builder.
PART D - NO RELIANCE ON ADVERTISEMENTS
9. Descriptions, illustrations, photographs or statements on this website relating to the sale of a Design-Approved House & Land Package (Advertisement) are indicative only and may contain:
(a) inaccuracies, errors or misdescriptions in respect of the location, size, use, description, identification and/or boundaries of the land or the current or future location or existence of any facilities, amenities, services or destinations; and
(b) items or inclusions which do not form part of a particular Design-Approved House & Land Package.
10. Stockland gives no warranty and makes no representation as to the accuracy or sufficiency of any description, illustration, photograph or statement contained 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 any Advertisement except for any liability which cannot be excluded by law. Buyers should make and rely upon their own independent enquiries and investigations in respect of:
(a) the land;
(b) the full description and specifications for the Design-Approved House & Land Package; and
(c) any facilities, amenities, services or destinations.
PART E – ENCUMBRANCES
11. Buyers must ensure that the house to be constructed on the land as part of the Design-Approved House & Land Package complies with all easements, restrictions, covenants, encumbrances and design requirements applying to the land (Encumbrances). Buyers are responsible for satisfying themselves as to the compatibility of the house to be constructed on the land with all Encumbrances.
PART F – GENERAL TERMS
12. The sale and purchase of land as part of a Design-Approved House & Land Package is subject to the provisions of the Land Contract. If there is any inconsistency between these Terms and Conditions and the Land Contract, then the Land Contract prevails.
13. The sale and purchase of a house is subject to the provisions of the Building Contract. If there is any inconsistency between these Terms and Conditions and the Building Contract, then the Building Contract prevails.
14. To the extent permitted by law, Stockland is not liable and does not accept any responsibility for any loss or damage suffered or incurred by a Buyer or any other person:
(a) by reason of any incorrect or incomplete information regarding a Design-Approved House & Land Package communicated on this website;
(b) who relies upon the information in any Advertisement; or
(c) due to the inability of Stockland and the relevant Builder to offer for sale a Design-Approved House & Land Package and/or provide any aspect of the sale of a Design-Approved House & Land Package as a result of circumstances beyond the control of Stockland and/or the relevant Builder.
15. Stockland may make changes to these Terms and Conditions at any time without notice.
16. These Terms and Conditions supersede any prior terms and conditions relating to the sale of Design-Approved House & Land Packages.
BEFORE ENTERING INTO A LAND CONTRACT, YOU SHOULD OBTAIN INDEPENDENT LEGAL AND FINANCIAL ADVICE.