Tempo Living Homes Terms and Conditions

1 Vendor

In these terms and conditions, AVID Property Group means the relevant AVID Property Group entity that is the vendor at the relevant development site and its related entities.

2 Tempo Living Homes

2.1 Inclusions

Tempo Living Homes are created in consultation with builders that are not related to AVID Property Group. These homes (Tempo Living Homes) are sold as a single contract. AVID Property Group is responsible for the sale of both the house and land and Purchasers will need to enter into a single contract with AVID Property Group (Sales Contract). AVID Property Group will enter into a separate contract with the relevant builder (Builder) and will procure the construction of the house on the land (Building Contract).

2.2 Availability

(a) Tempo Living Homes are based on specific house and land combinations. The Tempo Living Homes will only be available until sold and are subject to change without notice. Purchasers should contact an AVID Property Group sales consultant to confirm availability.

(b) AVID Property Group will not be liable due to the inability of AVID Property Group to offer for sale a Tempo Living Home, due to circumstances beyond the control of AVID Property Group.

2.3 Price

The prices advertised in relation to Tempo Living Homes are:

(a) based on figures available to AVID Property Group as at the time of publication and are subject to change without notice;

(b) based on the relevant Builder’s standard specifications and inclusions for the house as advertised in the Tempo Living complete home marketing materials. The price may be subject to exclusions such as air-conditioning, bi-fold doors, window furnishings and pergolas/alfresco entertaining areas (further details regarding the specifications and inclusions for the house should be obtained from an AVID Property Group sales consultant);

(c) not inclusive of stamp duty on the Sales Contract, registration fees and any other fees or charges relating to the purchase of the Tempo Living Home and Purchasers will need to pay these fees and charges separately;

(d) subject to adjustments under the Sales Contract, including but not limited to council rates, water rates and land tax.

(e) not inclusive of legal costs.
Purchasers should contact an AVID Property Group sales consultant to confirm pricing and obtain a copy of the relevant Sales Contract.

3 No warranties, representations or liability – Builder and Building Contract

The Builder and AVID Property Group are separate and unrelated entities. AVID Property Group will enter into a Building Contract with the relevant builder and will procure the construction of the house on the land (Building Works). The Sale Contract is not a domestic building contract within the meaning of the Queensland Building and Construction Commission Act 1991 Qld.

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 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;

(b) any loss and damage arising out of or relating to the Builder and the house 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 Tempo Living Home offer. 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 Tempo Living Home offer;

(b) contain inaccuracies or misdescriptions in relation to the house and/or 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 enquiries regarding the full specifications and inclusions for any Tempo Living Home 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.

5 Encumbrances

(a) The house constructed on the land as part of the Tempo Living Home offer must at all times comply 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 Tempo Living Home to ensure it complies with any Encumbrances applying to the land.

6 General Terms

(a) The sale and purchase of the house as part of the Tempo Living Home offer is subject to the terms of the relevant Sales Contract. If there is any inconsistency between these terms and conditions and the relevant Sales Contract, the Sales Contract prevails.

(b) All information provided by AVID Property Group is subject to change without notice, including these terms and conditions.

(c) 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.

March 2019