Updated August 2014
The Vista Park web site is owned and maintained by the Sheargold Group.
The Sheargold Group includes Sheargold Property Developments Pty Ltd, R. W. & E. B. Sheargold Holdings Pty Limited, R W Sheargold Pty Limited, Brabet Holdings Pty Limited and William R. Bradley Pty Limited and and all their subsidiaries and subtrusts,
By using the Vista Park Site ("Site"), you agree to these Terms, which include any other Terms that are stated in other places on the Site. Sheargold Group may change these Terms at any time.
1. Risk
You use this Site entirely at your own risk. The Sheargold Group is not liable in any way for any loss or damage you, or your system, may suffer from any cause (including negligence) as a result of you using this Site, or you linking to another site from this Site. You must take your own precautions against viruses or any other malfunction.
2. Content
This Site contains information provided by Sheargold Group, and by others. Sheargold Group gives no warranty as to the accuracy completeness currency or reliability of any of the information on this Site, or any other site it links to. To the extent permitted by law, the Sheargold Group is not liable for any loss or damage suffered by you, or any user of this Site, as a result of relying on any information on this Site.
3. Financial Information
Any financial information on this Site is provided as general information only. It is not professional advice, and you and any user of this Site must not rely on it. Users of this Site must rely on their own independent inquiries and seek their own advice.
4. Intellectual Property
The Sheargold Group owns the copyright in the content of this Site, unless noted otherwise. No information on this Site may be reproduced, adapted uploaded to a third party, linked to, framed, communicated, distributed or transmitted in any form at all without the specific written consent of Sheargold Group. Sheargold Group also owns all the trademarks on this Site, unless noted otherwise. Unauthorised use of any such trade mark will infringe the owner's exclusive rights, and any user who breaches those rights will be liable to prosecution.
5. Information only for Australian residents
The information contained on this website is provided for Australian residents only and is not being provided to any person who is a resident of any other country. References to currency are in Australian dollars.
6. Accuracy of Information
The information made available through this website has been obtained from or based on sources believed by the Sheargold Group to be reliable, The Sheargold Group does not warrant the accuracy, completeness or currency of the information. The Sheargold Group and its related companies will not be liable for any inaccuracies, omissions or errors in the content nor for any loss or damage arising from action taken in reliance on the information.
Vacant Land and House & Land Packages
7. Vacant Land
7.1 A buyer (Buyer) wishing to purchase a vacant residential land lot advertised on this website (Vacant Land) will need to enter into a contract for the sale of land (Land Contract) with Sheargold.
7.2 Vacant Land is only available until sold. For details of availability of Vacant Land, contact the Vista Park Sales & Information Centre.
8. House & land packages
8.1 Each house and land package advertised by or on behalf of Sheargold (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).
8.2 The Builders are not subsidiaries or related entities of Sheargold. Sheargold 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. 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.
8.3 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.
8.4 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.
9. Prices
9.1 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.
9.2 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 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.
10. No reliance on advertisements
10.1 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.
10.2 Sheargold 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) 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.
11. Encumbrances
11.1 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).
11.2 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 for each precinct of Vista Park are available on our website https://vistapark.com.au/downloads/plans_information.
12. General terms
12.1 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.
12.2 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.
12.3 To the extent permitted by law, Sheargold 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 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.
12.4 Sheargold may make changes to these Terms and Conditions at any time without notice.
12.5 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.