OUR

TERMS & CONDITIONS

OUR TERMS & CONDITIONS

STRUCTURAL GUARANTEE

The Directors of Zen Built has been building quality homes for Australian families for over 10 years.

We have worked hard to maintain our commitment to excellence in design, construction, quality and customer care. Through hard work we have become one of Australia’s leading home builders.

This guarantee is given in addition to any guarantee, statutory insurance or homebuilders liability scheme in force in Australia and is subject to the terms below. The Lifetime Structural Guarantee is specific to the owners named in the building contract and is not transferable to subsequent owners of the home. This Lifetime Structural Guarantee applies to all new home building contracts signed after 1 January 2019. Excludes Town Living and Unit Development

Where we refer in this document to “We”, “Our” or “Us”; this refers to Zen Built Homes Pty Ltd

Where we refer in this document to “You”, “Your”; this refers to the owners named in the building contract.

Zen Built’s responsibility

We will rectify at our cost the structural failure of any of the following:

  • Foundation systems, concrete and or strip footing pursuant to the Building Code of Australia and all relevant Australian Standards including AS 2870, Appendix B
  • Structural failure is defined as ‘Damage Category 3’ or higher (AS 2870) for a structural failure to exist
  • Structural timbers and steel in wall or roof framing where structural failure is defined pursuant to the Building Code of Australia and all relevant Australian Standards including AS 1684
  • Load bearing brickwork where structural failure is defined pursuant to the Building Code of Australia and all relevant Australian Standards including AS 4773.

Detailed information about Australian Standards (AS) can be found by visiting the Standards Web Shop at www.saiglobal.com.au. (infostore.saiglobal.com/store/ and search for the relevant Standards)

Your responsibility

You are required to maintain your own home in accordance with the documents provided to you as part of your building contract documentation and the documents set out in the table below (as applicable in your State) and any revisions of those documents that may be issued from time to time. If you do not do so, this will void your Lifetime Structural Guarantee.

VIC

·       CSIRO guide - Foundation Maintenance and Footing Performance: A Homeowner’s Guide

·       New Home Guide - Guide to Planning Landscaping and Maintenance of Foundations document (provided to you at settlement of your new home)

NSW ·       CSIRO guide - Foundation Maintenance and Footing Performance: A Homeowner’s Guide
QLD

·       QBCC guide - A Guide to Preventing Structural Damage

·       STA - Home Owners Reference Guide

SA ·       CSIRO guide - Foundation Maintenance and Footing Performance: A Homeowner’s Guide

These documents are also available from your customer support coordinator.

Exclusions

This guarantee does not apply in the following circumstances:

  • Any loss arising from non-compliance with your responsibilities outlined above
  • Site conditions that are experienced post settlement that are outside of our control
  • Damage caused by storms, fire, flooding, drought or earthquake
  • Damage caused by trees growing near the footing of your home
  • Fair wear and tear
  • Misuse or neglect
  • Minor cracking (as defined in AS2870 Appendix B)
  • Failure to follow the site maintenance guidelines provided by us including but not limited to establishing appropriate landscaping and drainage and maintaining the termite prevention treatment program for your home
  • Any renovations, additions or other structural changes (including significant landscaping and pools) undertaken to the home after completion under the building contract

For the avoidance of doubt this structural guarantee does not cover items of a non-structural nature such as any marks or scratches to bench tops, vanities etc.

Who is providing the Guarantee?

VIC ZEN BUILT GROUP PTY LTD ACN 638 839 273
Address: 77a Matthews Ave Airport West, Vic 3042
Phone: 1300 123 936
Email: admin@zenbuilt.com.au

 

 

 

Who is eligible to make a claim under the Lifetime Structural Guarantee?

The owners named in the contract for the building of any home constructed by us where the claim is made within the lifetime of the owners named in the building contract. Where the owner named in the building contract is a company, the guarantee period is 50 years from the issue of the certificate of occupancy. The Lifetime Structural Guarantee is not transferable or assignable.

A copy of the Lifetime Structural Guarantee is bound into your Building Contract for easy reference.

How to make a claim?

To make a claim under this guarantee, you are required to outline your request in writing and send it to us via post or email at the address on this document.

Upon receipt of your claim:

  • We will review your request and inspect your property to determine whether there is a structural failure that meets the requirements of this guarantee
  • We will respond in writing to you and outline the outcome of the assessment
  • Where the structural failure meets the requirements of this guarantee, we will commence rectification works within a reasonable period of time at our cost.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Where we are responsible and capable of repair, we will repair the goods. Where it is not capable of repair, we will replace the goods to the extent necessary to rectify the structural failure.

With regard to this guarantee ‘goods’ refers to the structural elements of a home as referred to under the heading ‘Zen Built’s responsibility’.

Where it is determined by us that there is no structural failure or that the structural failure does not meet the requirements of this guarantee (e.g. it has been caused by one or more of the items listed in the exclusion section of this document), then all rectification costs will be borne by you.

WEBSITE TERMS AND CONDITIONS

These terms and conditions apply to use of this web site. In using this web site, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using this web site.

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification in this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Copyright

© 2020 ZEN BUILT GROUP PTY LTD ACN 638 839 273. Copyright in this web site subsists under the Copyright Act 1968 (Cth). It is owned by Zen Built Homes Pty Ltd unless otherwise stated. All rights reserved. You are provided access to this web site for personal use only. You may print a copy of information contained on this web site for your personal use, unless such printing is expressly prohibited. You may not on-sell or otherwise commercialise any information obtained from this web site. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws or as expressly authorised by these terms and conditions, no part of this web site may be otherwise reproduced, adapted, stored, distributed, printed, displayed, performed, published, communicated or transmitted in any form or by any means or process (graphic, electronic or mechanical, including photocopying, recording, taping or by storage in an information retrieval system) without the specific written consent of Zen Built Homes Pty Ltd.

Links to other websites

Links from this web site to other sites beyond the control of Zen Built Homes Pty Ltd are provided for the convenience of the user. Such links do not represent any official endorsement or approval of any such web site, product, organisation, or service. We are not responsible for the content or privacy practices of any such web site.

Disclaimer of liability

Every effort has been made to ensure the accuracy of all details within this web site; however, no warranty can be given by the company or its agents regarding the accuracy, adequacy or completeness of any information presented in the web site. Intending purchasers should make their own inspections and enquiries. Photographs or artists impressions are for presentation purposes only and are indicative only. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Zen Built Homes Pty Ltd accepts no responsibility for any loss, damage, cost or expense (whether direct or indirect) suffered or incurred by you as a result of or in connection with your use of this web site or any linked web site or your reliance on any information contained or accessed through this web site. This disclaimer does not attempt or purport to exclude liability arising under statute or law if, and to the extent, such liability cannot be lawfully excluded.

All information on the site is subject to change without notice.

Intellectual property policy

Zen Built invests significant time, effort and money every year designing outstanding Australian homes. We regularly receive design awards from the housing industry for these homes. Accordingly, we take our intellectual property rights very seriously. But it is not only our investment that we are trying to protect. It is also the investment that our paying customers make when they choose to design and build a Zen Built home. We believe that design is important – it is valuable and it deserves to be protected. We will always protect our rights and that of our paying customers in ensuring that others don’t improperly use property that is not theirs.

As a matter of law, all plans, designs, illustrations, photos, images or other similar material produced by Zen Built, whether in printed form or represented in actual homes are owned by Zen Built. It is a breach of Zen Built’s copyright for anyone to use these, whether in whole or in part, unless expressly authorised by Zen Built. The most common way we authorise people to use our intellectual property is through signing a building contract with Zen Built. In the event that we detect or are informed of any breach of Zen Built’s intellectual property rights, we will pursue legal avenues to protect Zen Built and its customers. We have enforced these rights on a number of occasions and the remedy awarded can be for damages to be paid and these sums can be substantial.

If you would like further information on our policy, please contact admin@ZenBuilt.com.au and a Zen Built representative will contact you. Should you believe Zen Built’s rights have been infringed, we also encourage you to advise us.

HOME & LAND

NON-FIXED Price Home & Land Conditions

  • All images and illustrations are to be used as a guide only and may represent nonstandard or upgrade options that are not included in the package price.
  • Land not supplied by Zen Built, land developer terms and conditions apply
  • Home and Land packages are only available for the specific lot and home advertised.
  • Packages do not cover site costs incurred for rock found on any lots advertised in the campaign.
  • The determined house siting on the lot is at the discretion of Zen Built Homes only.
  • Packages may change as a result of variations to the inclusions or specifications required by the purchaser, local authority, or local, state or federal law.
  • Packages do not include stamp duty, legal fees or any other costs incurred with the purchase.
  • Unless otherwise noted, packages do not cover any bushfire, acoustic or N3 requirements.
  • Home and Land packages require an application for covenant and council approval and are therefore subject to approval prior to entering into a contract with Zen Built Homes.
  • Zen Built is responsible for the contract of the sale of the home only.
  • Customers will be required to enter into a separate contract for the land component of the package with the relevant land developer.
  • Home and land packages are only available to customers who make a deposit before or on the advertised timeframe, or at the discretion of Zen Built, and who enter into a final home building contract with Zen Built before or on the advertised timeframe, or at the discretion of Zen Built.
  • Final costs, dimensions and inclusions may vary from the information provided and may be varied by Zen Built homes without notice.
  • Zen Built reserves the right to withdraw any Home & Land Package at any time without notice.
  • Zen Built reserves the right to withdraw any Home & Land Package if the land or home become unavailable or sold.

FIXED Price Home & Land Conditions

  • All images and illustrations are to be used as a guide only and may represent nonstandard or upgrade options that are not included in the package price.
  • Land not supplied by Zen Built, land developer terms and conditions apply
  • Home and Land packages are only available for the specific lot and home advertised.
  • The determined house siting on the lot is at the discretion of Zen Built Homes only.
  • Packages may change as a result of variations to the inclusions or specifications required by the purchaser.
  • Packages do not include stamp duty, legal fees or any other costs incurred with the purchase.
  • Unless otherwise noted, packages do not cover any bushfire, acoustic or N3 requirements.
  • Home and Land packages require an application for covenant and council approval and are therefore subject to approval prior to entering into a contract with Zen Built Homes.
  • Zen Built is responsible for the contract of the sale of the home only.
  • Customers will be required to enter into a separate contract for the land component of the package with the relevant land developer.
  • Home and land packages are only available to customers who make a deposit before or on the advertised timeframe, or at the discretion of Zen Built, and who enter into a final home building contract with Zen Built before or on the advertised timeframe, or at the discretion of Zen Built.
  • Final costs, dimensions and inclusions may vary from the information provided and may be varied by Zen Built homes without notice.
  • Zen Built reserves the right to withdraw any Home & Land Package at any time without notice.
  • Zen Built reserves the right to withdraw any Home & Land Package if the land or home become unavailable or sold. General Limitations:
  • All Home and Land packages are not eligible to apply for advertised promotions where a home is purchased outside of any package arrangement.

 

BUILDERS LICENCES

Victoria Builders Licence: CDB-U 48536
CDB-U 49962

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