1. Packages
1.1 Each house and land package advertised by or on behalf of Sheargold Property Developments Pty Ltd (House & Land Package) consists of land and a house which are sold separately. Sheargold is responsible for the sale of the land only. A Buyer wishing to purchase a House & Land Package will need to enter into:
a) a contract for the sale of land (Land Contract) with Sheargold; and
b) a separate contract with a participating builder (Builder) for construction of the home on the land (Building Contract).
1.2 The Builders are not subsidiaries or related entities of Sheargold. Sheargold makes any representation or gives any warranty in relation to the Builder or the Building Contract, including the Builder's ability to enter into or perform the Building Contract. Sheargold 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 Sheargold 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.
1.3 Buyers will not be able to choose an alternative house or alternative land for a House & Land Package unless otherwise agreed by Sheargold and the Builder (in which case, prices and incentives may change). Each House & Land Package is only available until sold or until the relevant land is sold (whichever is applicable). For details of availability of House & Land Packages, and for details of Builders, contact the Vista Park Sales & Information Centre.
1.4 To get the benefit of the house component of a specific 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.
2. Prices
2.1 The advertised price of Vacant Land and House & Land Packages:
a) are correct as at the time of publication, but are subject to change without notice;
b) in the case of Vacant Land, do not include the cost of, or incidental to, construction of a house on Vacant Land;
c) in the case of House & Land Packages:
i) are based on the Builder's specifications and inclusions for the house, details of which can be obtained from the Builder;
ii) unless otherwise advertised, may be subject to exclusions as nominated by the Builder such as landscaping, fencing and other exclusions;
iii) the price of the house may also vary in other circumstances as set out in the Building Contract; and
iv) Buyers should make appropriate enquiries as to the exclusions and variations with the Builder prior to purchase;
d) do not include duty on the Land Contract or the Building Contract, registration fees, local government change in ownership fees and any other fees or charges incidental to the acquisition of land and Buyers will need to pay these fees and charges separately; and
e) are subject to adjustments under the Land Contract including, but not limited to, council rates, water rates, land tax and other statutory charges.
2.2 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 Sheargold does not accept any 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.
3. No reliance on advertisements
3.1 Descriptions, illustrations, photographs or statements on this website relating to the sale of Vacant Land and House & Land Packages (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 Vacant Land or the current or future location or existence of any facilities, amenities, services or destinations; and
b) in the case of House & Land Packages, items or inclusions which do not form part of a particular House & Land Package.
3.2 Sheargold does not give any warranty and makes any 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) Vacant Land; and
b) in the case of House & Land Packages:
i) the land; and
ii) the full description and specifications for the House & Land Package; and
c) any facilities, amenities, services or destinations.
4. Encumbrances
4.1 Buyers must ensure that any house to be constructed on Vacant Land or house to be constructed on the land as part of a House & Land Package (as the case may be) complies with all easements, restrictions, covenants, encumbrances and design requirements applying to Vacant Land including the Design Guidelines (Encumbrances).
4.2 Buyers are responsible for satisfying themselves as to the compatibility of the house to be constructed on Vacant Land with all Encumbrances. Copies of the Design Guidelines are available on our website https://vistapark.com.au/download/SAT0487_The_Vale_design_guidelines_2022_WEB_FA_reduced.pdf.
5. General terms
5.1 The purchase of Vacant Land and the sale and purchase of land as part of a 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.
5.2 In the case of House & Land Packages, 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.
5.3 To the extent permitted by law, Sheargold is not liable nor accepts 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 in respect to Vacant Land communicated on this website;
b) who relies upon the information in any Advertisement;
c) due to the inability of Sheargold to offer for sale Vacant Land and/or provide any aspect of the sale of Vacant Land as a result of circumstances beyond Sheargold’s control; or
d) due to the inability of Sheargold and the relevant Builder to offer for sale a House & Land Package and/or provide any aspect of the sale of a House & Land Package as a result of circumstances beyond the control of Sheargold and/or the relevant Builder.
5.4 Sheargold may make changes to these Terms and Conditions at any time without notice.
5.5 These Terms and Conditions supersede any prior terms and conditions relating to the sale of Vacant Land or the House & Land Package (as the case may be).
Before entering into a land contract and/or a building contract, you should obtain independent legal and financial advice.