$25K Deposit & Extended Settlement Terms - Terms & Conditions
1. Pay $25K to Secure your House and Land Package with Nothing to Pay Until Settlement Promotion
2. Promotion Details
2.1 This promotion only applies to vacant lots in Stage 32, Gledswood Hills (known as Norman Estates), Stage 44, Gledswood Hills (known as Stage 44, Lakeside), Elara and The Gables (Eligible Properties).
2.2 The promotion will run for a limited time. The promotion commences on Saturday, 1st April 2023 and will conclude on Wednesday, 31st May 2023 (Promotion Period).
2.3 Under this promotion, subject to these terms and conditions, SH Camden Valley Pty Limited (ACN 137 331 376), SH Camden Lakeside Pty Limited (ACN 137 331 394) or Sekisui House Services (NSW) Pty Limited (ACN 119 550 220) (as applicable) (Sekisui House) agrees to accept payment of the deposit under a contract for sale of an Eligible Property in the following instalments:
a) $25,000 (First Instalment), payable on exchange; and
b) the balance of the deposit (Second Instalment), payable on completion of the contract.1
2.4 These terms and conditions apply to the promotion. By participating in the promotion, buyers agree to be bound by these terms and conditions.
2.5 Subject to these terms and conditions, to participate in the promotion, a buyer must:
a) be an Eligible Buyer (see Eligibility Criteria below)
b) during the Promotion Period, enter into an unconditional contract for sale with Sekisui House for the purchase of an Eligible Property (Contract), which for the avoidance of doubt includes the waiver or exclusion of any cooling off period. Further, under the Contract, completion must be conditional on Sekisui House serving on the Eligible Buyer an occupation certificate in respect of a new dwelling on the Eligible Property; and
c) strictly comply with the terms of the Contract and these terms and conditions. In particular, but without limitation, the buyer must complete the Contract on the due date for completion under the Contract.
2.6 Unless Sekisui House agrees otherwise in writing, this promotion is not available in conjunction with any other applicable promotion, reward or incentive provided or offered by Sekisui House or any of its related entities.
3. Eligibility Criteria
A buyer will only be entitled to participate in the promotion if they satisfy all of the following criteria. A buyer that satisfies all of the following criteria is known as an Eligible Buyer.
3.1 The buyer must:
a) be over the age of 18 years (if they are a natural person); and
b) not be a builder (including a registered builder), developer or person acting as agent on behalf of another person.
3.2 The buyer must not have been directly or indirectly introduced to the Eligible Property or Sekisui House (or any of its related entities) by a real estate agent, referrer or other person (other than an employee of Sekisui House).
3.3 The buyer must not, in relation to the Eligible Property, receive, have received or be entitled to receive from Sekisui House (or any of its related entities) any other applicable promotion, reward or incentive. This criterion does not apply if Sekisui House agrees otherwise in writing.
4. The Deposit
4.1 Before a Contract is entered into, an Eligible Buyer must pay the First Instalment of the deposit to the deposit holder nominated in the Contract, and time will be essential in this regard.
4.2 If the Eligible Buyer fails to strictly comply with the relevant Contract, or these terms and conditions, the Eligible Buyer must pay the Second Instalment of the deposit to Sekisui House immediately after being requested in writing to do so.
5. Further Terms and Conditions of Promotion
The following additional terms and conditions also apply to the promotion:
5.1 Any promotion offered to an Eligible Buyer is personal to the Eligible Buyer and is not capable of being transferred in whole or in part to another person.
5.2 All taxes, duties and other imposts which may be payable as a consequence of receiving or participating in the promotion are the sole responsibility of an Eligible Buyer.
5.3 Unless Sekisui House agrees otherwise in writing, this promotion cannot be used in conjunction with any other applicable promotion, reward or incentive provided or offered by Sekisui House or any of its related entities.
5.4 Whether or not a buyer is an Eligible Buyer will be determined by Sekisui House in its absolute discretion.
5.5 Sekisui House reserves the right, at any time, to request verification of the age, identity, residential address or other information relevant to participation in the promotion of all buyers. Sekisui House reserves the right to disqualify any buyer who provides false information or fails to provide information that is reasonably requested by Sekisui House. This clause applies despite anything in these terms and conditions, or a contract for sale, to the contrary
5.6 To the extent permitted by law, Sekisui House (including its related entities) is not liable to an Eligible Buyer for any indirect, consequential, exemplary, incidental, special or punitive damages or losses arising out of or in connection with the Eligible Buyer’s participation in this promotion even if Sekisui House (or any of its related entities) has been advised of the possibility of such damages or losses.
5.7 Subject to any Contract, Sekisui House reserves the right, at its sole discretion, to cancel, terminate, modify, extend or suspend the promotion at any time without notice.
5.8 Subject to 5.5 above, to the extent of any inconsistency between these terms and conditions and the provisions of a contract for sale in respect of an Eligible Property, the contract for sale prevails.
5.9 These terms and conditions are governed by the laws of New South Wales.
5.10 For the purposes of these terms and conditions, related entity has the meaning given under the Corporations Act 2001 (Cth) and related entities has a corresponding meaning.
5.11 For the purposes of these terms and conditions, occupation certificate has the meaning given under Part 6 of the Environmental Planning and Assessment Act 1979 (NSW).
6 Stage 32, Gledswood Hills (Norman Estates) and Stage 44 Lakeside (selected lots)
Buyer can Elect to Delay Settlement to 31 October 2023 Promotion
7 Promotion Details
This promotion only applies to those lots in Stage 32, Gledswood Hills (known as Norman Estates) and Stage 44, Gledswood Hills (known as Stage 44, Lakeside) listed in Annexure 1 to these terms and conditions (Eligible Properties).
7.1 The promotion commences on Saturday, 1st April 2023 and will conclude on Wednesday 31st May 2023 (Promotion Period).
7.2 Under this promotion, subject to these terms and conditions, SH Camden Valley Pty Limited (ACN 137 331 376) or SH Camden Lakeside Pty Limited (ACN 137 331 394) (as applicable) (Sekisui House) agrees that the due date for completion under a contract for sale of an Eligible Property will not be earlier than 31 October 2023.
7.3 These terms and conditions apply to the promotion. By participating in the promotion, buyers agree to be bound by these terms and conditions.
7.4 Subject to these terms and conditions, to participate in the promotion, a buyer must:
a) be an Eligible Buyer (see Eligibility Criteria below);
b) during the Promotion Period, enter into an unconditional contract for sale with Sekisui House for the purchase of an Eligible Property (Contract), which for the avoidance of doubt includes the waiver or exclusion of any cooling off period; and
c) strictly comply with the terms of the Contract and these terms and conditions.
7.6 Unless Sekisui House agrees otherwise in writing, this promotion is not available in conjunction with any other applicable promotion, reward or incentive provided or offered by Sekisui House or any of its related entities.
8. Eligibility Criteria
A buyer will only be entitled to participate in the promotion if they satisfy all of the following criteria. A buyer that satisfies all of the following criteria is known as an Eligible Buyer.
8.1 The buyer must:
a) be over the age of 18 years (if they are a natural person); and
b) not be a builder (including a registered builder), developer or person acting as agent on behalf of another person.
8.2 The buyer must not have been directly or indirectly introduced to the Eligible Property or Sekisui House (or any of its related entities) by a real estate agent, referrer or other person (other than an employee of Sekisui House).
8.3 The buyer must not, in relation to the Eligible Property, receive, have received or be entitled to receive from Sekisui House (or any of its related entities) any other applicable promotion, reward or incentive. This criterion does not apply if Sekisui House agrees otherwise in writing.
9 The Extended Completion Date
9.1 Under this promotion and subject to an Eligible Buyer strictly complying with the terms and conditions of this promotion and the relevant Contract, Sekisui House agrees that the due date for completion under the Contract will not be earlier than 31 October 2023.
9.2 If an Eligible Buyer fails to strictly comply with the Contract, or these terms and conditions, Sekisui House will be able to, by notice in writing to the Eligible Buyer, require that the due date for completion be brought forward so that it is:
a) (where completion of the Contract is conditional on Sekisui House serving an occupation certificate) the 14th day after Sekisui House serves an occupation certificate on the Eligible Buyer; or
b) (where completion of the Contract is not conditional on Sekisui House serving an occupation certificate) the 14th day after Sekisui House serves its notice on the Eligible Buyer.
10 Further Terms and Conditions of Promotion
The following additional terms and conditions also apply to the promotion:
10.1 Any promotion offered to an Eligible Buyer is personal to the Eligible Buyer and is not capable of being transferred in whole or in part to another person.
10.2 All taxes, duties and other imposts which may be payable as a consequence of receiving or participating in the promotion are the sole responsibility of an Eligible Buyer.
10.3 Unless Sekisui House agrees otherwise in writing, this promotion cannot be used in conjunction with any other applicable promotion, reward or incentive provided or offered by Sekisui House or any of its related entities.
10.4 Whether or not a buyer is an Eligible Buyer will be determined by Sekisui House in its absolute discretion.
10.5 Sekisui House reserves the right, at any time, to request verification of the age, identity, residential address or other information relevant to participation in the promotion of all buyers. Sekisui House reserves the right to disqualify any buyer who provides false information or fails to provide information that is reasonably requested by Sekisui House. This clause applies despite anything in these terms and conditions, or a contract for sale, to the contrary.
10.6 To the extent permitted by law, Sekisui House (including its related entities) is not liable to an Eligible Buyer for any indirect, consequential, exemplary, incidental, special or punitive damages or losses arising out of or in connection with the Eligible Buyer’s participation in this promotion even if Sekisui House (or any of its related entities) has been advised of the possibility of such damages or losses.
10.7 Subject to any Contract, Sekisui House reserves the right, at its sole discretion, to cancel, terminate, modify, extend or suspend the promotion at any time without notice.
10.8 Subject to 10.5 above, to the extent of any inconsistency between these terms and conditions and the provisions of a contract for sale in respect of an Eligible Property, the contract for sale prevails.
10.9 These terms and conditions are governed by the laws of New South Wales.
10.10 For the purposes of these terms and conditions, related entity has the meaning given under the Corporations Act 2001 (Cth) and related entities has a corresponding meaning.
10.11 For the purposes of these terms and conditions, occupation certificate has the meaning given under Part 6 of the Environmental Planning and Assessment Act 1979 (NSW).