Terms And Conditions | Australian Building Company

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.

Some photographs on this website may depict fixtures, finishes and features not supplied by the Australian Building Company these items include: planter boxes, retaining walls, water features, pergolas, screens and decorative landscaping items such as fencing and outdoor kitchens and barbeques. Australian Building Company also do not supply swimming pools, pool decks and fences. Accordingly any prices on this website do not include the supply of any of those items. For detailed home pricing, please talk to a sales consultant.

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 25 Year Structural Guarantee is specific to the owners named in the building contract and is not transferable to subsequent purchasers of the home. This 25 Year Structural Guarantee applies to all new home building contracts signed after 1 September 2019.

* Where we refer in this document to “We”, “Our” or ”Us”; this refers to Australian Building Company Pty Ltd.

* Where we refer in this document to “You”, “Your”; this refers to the owner/s named in the building contract.


Australian Building Company’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 25 Year 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)

SA


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

These documents are also available upon request.


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 on or near your property which adversely affect the footings 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 post settlement

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
Australian Building Company Pty Ltd ACN 603 519 366
Address: 501 Blackburn Road, Mount Waverley, VIC 3149br> Phone: 131 828br> Email: ABCServiceWarranty@abchomes.com.au


SA
Australian Building Company Pty Ltd ACN 603 519 366
Address: 162 Greenhill Road Parkside SA 5063
Phone: 131 828
Email: ABCServiceWarrantySA@abchomes.com.au


Who is eligible to make a claim under the 25 Year Structural Guarantee?
The owner/s named in the contract for the building of any home constructed by us where the claim is made within 25 years after the date of issue of the certificate of occupancy. The 25 Year Structural Guarantee is not transferable or assignable.

A copy of the 25 Year 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 ‘Australian Building Company’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 (eg. 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.