These terms and conditions (the “Terms and Conditions”) govern the use of www.sierrahomes.com.au (the “Site”, “Website”). This Site is created, owned, operated, and maintained by or on behalf of Perpetual Property Developments Pty Ltd T/A Sierra Homes
(Hereinafter, “Sierra Homes”, “We”, “Our”, or “Us”).
By using this Site, you indicate that you have read and that you understand these Terms and Conditions and agree to abide by them at all times.
Information shared on our website is obtained from various reliable sources and we reserve the right to alter and amend these Terms and Conditions at our discretion. By continuing to use our website after the changes in our Terms and Conditions have been notified to you, you signify your comprehension of the amendments.
This Site is intended to share information about the services and packages relating to our land and homes and all other relevant operations undertaken by us. Such information is general and is not in the nature of advice. By using our site, you acknowledge that we are not responsible for any loss or damage incurred as a result of your reliance upon this information.
You are responsible for accessing and obtaining information from our site. Our collection of any of your information including your personal information via our site is in concurrence with our privacy policy and as per the Australian Privacy Act 1988.
Therefore, you agree and acknowledge that all applicable privacy laws have complied. This prevents you from tracing and seeking information concerning other users or visitors of our website or any other current and potential customers other than your personal information with appropriate identification. By accepting our Terms and Conditions, you also comply with any requests that Sierra Homes has within the privacy law guidelines for our compliance and obligations.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Structural Guarantee:
Over the years, Sierra Homes have become the epitome of building quality homes while consistently maintaining the highest standards in design, construction, and quality along with providing the preeminent customer service. Even though the structural guarantee is quite limited, Sierra Homes is committed to rendering a competitive guarantee in addition to any other statutory insurance or home-builder’s liability scheme significant in Australia. We provide 7-Year Structural Guarantee specific to the initial purchaser and this guarantee is not transferrable to new owners of the property/building.
Our Responsibilities:
We take pride in our history of building structures that have endured through a considerable amount of time. However, in aspect of engineering, structural integrity and failure can sometimes become unpredictable. Sierra Homes take responsibility for any of the below mentioned structural failures and the cost to rectify such structural failures:
- Issues with the building foundation concerning concrete and/or strip footing in consonance with the Australian Standards as defined by the Building Code of Australia.
- Structural defects with regards to timbers, steel in walls and roof frames as defined as the structural failure in the Building Code of Australia and all relevant Australian Standards.
- Masonry where the structural failure is defined in consonance with the Building Code of Australia and all relevant Australian Standards.
Your Responsibility:
You agree to acknowledge that you are responsible for maintaining your home as per the information rendered to you and as mentioned in your contract with Sierra Homes. Failure to abide by your contractual terms in maintaining your home, the 7-Year Structural Guarantee will be deemed void.
Exclusions:
It is vital to agree and acknowledge that you understand that the Structural Guarantee provided by Sierra Homes will not be applicable under the circumstances mentioned below:
- Force majeure – when an event or circumstances beyond our control takes place such as damaged caused by:
- War.
- Strike.
- Riot.
- Crime.
- Epidemic.
- Abrupt legal changes.
- Any damage caused by natural and unnatural disasters such as:
- Fire.
- Storm.
- Flood.
- Any damage or loss occurring due to non-compliance with your responsibilities outlined in your contractual agreement.
- Negligence and failure to follow appropriate maintenance procedures outlined in your contractual agreement.
- Any major renovations undertaken post-settlement.
Sierra Homes’ structural guarantee does not cover periodic non-structural damage such as marks or scratches on the property.
Intellectual Property:
All intangible assets and intellectual property “IP” that relate to operating business include designs, trademarks, patents along with trade secrets and copyrights. These help businesses have a competitive advantage and these are also encouraged by the Australian Intellectual Property laws. All content published and made available on our Site is the property of Sierra Homes and the Site’s creators. This includes and is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our site. You acknowledge abiding by the intellectual property rights and copyright notices mentioned in the website and that Sierra Homes own all the Intellectual Property Rights contained within this website.
Acceptable Use:
As a visitor of this site, you agree to use our site legally and not for illegal purposes, and also not to:
- Harass or mistreat other users of our site.
- Violate your rights or the rights of other users of our site.
- Violate the intellectual property rights of the site owners or any third party of the site.
- Hacking to unlawfully obtain information from the website.
- Promote fraudulent activities.
- Promote inappropriate or offensive material on or via the website.
By accessing our site, you acknowledge that the site will not be duplicated, reproduced, or copied (including mirrored) in any way or form on any other platform for any reason whatsoever. You may not use our site and the contents on our website for any other reasons apart from your intention to obtain our services and also not breach the security measures on the website or any network connected to the website.
All the intellectual properties included on the website are wholly owned by Sierra Homes and Sierra Homes reserves the right to alter or suspend the site temporarily or permanently with or without notice at our discretion. Sierra Homes is not accountable to you or any third party for any amendments within the site or definite/indefinite suspension of this website.
Sierra Homes is committed to providing you with the best service possible. However, by visiting our website, you agree that we cannot warrant the below:
- Security of the website.
- Latency on the website.
- Network issues concerning the website.
- Operating the website on specific browsers; operating software or hardware. Cookies and third-party access.
Any information you obtain from our site is solely at your own discretion and Sierra Homes is not responsible for any damage to your computer or loss of data as a result of obtaining such information from the site. You agree that you are not authorized to obtain any illegal access to any networks connected to the website for any illegal activities and you shall not use this website or the contents of this website for any inappropriate or illegal activity infringing our rights and that of others.
Upon confirming that you are using our site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our site. We also reserve the right to take any legal steps necessary to prevent you from accessing our site.
Sale of Service:
These Terms and Conditions govern the sale of services available on our site which include the below:
- Core services:
- Design creation.
- Construction management.
- General contracting.
- Initial repairs and maintenance.
- Other vital services:
- Drywall or framing.
- Plumbing.
- Electrical services.
- Concrete for creations.
- Painting.
- Carpentry.
- Permit processing.
The services will be paid for in full when the services are ordered OR as agreed upon the payment plan approved by Sierra Homes.
These Terms and Conditions apply to all the services that are displayed on our website at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all services we provide. You agree to purchase services from our website at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid and/or based on the payment plan that you agreed upon. You agree that it is your responsibility to monitor your payment method to verify receipt of any refund.
Third Party Goods and Services:
Our website may contain or offer goods and services from third parties. Sierra Homes does not own, operate or manage any hyperlinks contained on the website that belongs to third parties. We do not represent the third party and its websites. We are not responsible for the content present on the third-party websites. Therefore, we are not accountable to you or to the third-party for any damage or loss of information as a result of the usage of information/contents present in the third party.
Consumer Protection Law:
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability:
Sierra Homes and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the site.
Indemnity:
Except where prohibited by law, by using this site you indemnify and hold harmless Sierra Homes and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our website of your violation of these Terms and Conditions.
Applicable Law:
These Terms and Conditions are governed by the laws of the State of Victoria.
Dispute Resolution:
Subject to any exceptions specified in these Terms and Conditions, if you and Sierra Homes are unable to resolve any dispute through informal discussions, then you and Sierra Homes agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that the mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Sierra Homes.
Notwithstanding any other provisions in these Terms and Conditions, you and Sierra Homes agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief of intellectual property infringement.
Severability:
If at any time of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under the applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal of the rest of these Terms and Conditions and will still be considered valid.
Changes:
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our website and the way we expect users to behave on our site. We will notify users by email of changes to these Terms and Conditions or post a notice on our site.
Contact Details:
If you have any questions or concerns, please contact us. Our contact details are as follows:
Mail: 12/2 Fastline Road, Truganina, VIC – 3029
Email: info@sierrahomes.com.au
Telephone: 1300 300 800