1. This guarantee applies to all HIA New Home Contracts signed with Construct ALM Pty Ltd and Developments Pty Ltd from 1st of October 2014.
2. Construct ALM Pty Ltd provides this guarantee to the contracting party only, and specifically excludes any subsequent purchaser, owner or beneficiary of the house and/or property the subject of the contract with Construct ALM Pty Ltd and Developments Pty Ltd.
3. 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.
4. Terms which are capitalised in this document and defined in the HIA New Home Contract signed with Construct ALM Pty Ltd bear the same meaning as in the HIA New Home Contract signed with Construct ALM Pty Ltd and Developments Pty Ltd.
5. In this document:
“We”, “Our” or “Us” refers to Construct ALM Pty Ltd and Developments Pty Ltd; and
“You” or “Your” refers to the person who has entered into the contract with Construct ALM Pty Ltd and Developments Pty Ltd.
What is Covered?
6. On the terms and conditions set out in this document, we will guarantee the structural failure of the following structural elements for a period of Twenty Five (25) years:
a. Foundations and piers
b. Strip footings
c. Concrete house slab
d. Sub-floor and floor beams
e. Beams and lintels
f. Load bearing columns
g. Load bearing brick work
h. Load bearing wall frames and roof trusses
i. Structural timbers
j. Steel in wall or roof framing
7. For the purposes of this Structural Guarantee, a ‘structural failure’ will exist where the failed structural element set out in clause 6 is equal or greater than ‘Damage Category 3’ as defined in AS2870: Residential Slabs and Footings and has been confirmed
by an engineer retained by us.
What is Not Covered (Exclusions):
8. Any structural damage or failure caused to any structural element identified in clause 6 by one or more of the following events or items will void our structural guarantee in its entirety:
a. (Natural Causes): Damage caused by natural events including but not limited to storms, floods, fire, drought, cyclones, earthquakes and tsunamis or any other damage caused by unforseen acts of God is not covered by this guarantee.
b. (Crime): Damage caused by criminal acts including without limitation, terrorism and vandalism is not covered by this guarantee.
c. (Post Settlement Site Conditions): Any site conditions experienced after Completion of the Building Works that were not within the control of Construct ALM Pty Ltd during the period of construction will void this guarantee. In this guarantee,
site conditions include all physical conditions on the site or its surroundings including without limitation artificial things, contamination and hazardous materials.
c. (Foliage): Any damage arising out of, relating to or in connection with trees including without limitation, tree root systems is not covered by this guarantee.
d. (Subsequent Works): Any structural changes to the home including, without limitation, any renovation, extension, structural changes and pool or landscaping works for which a building permit is required will void this guarantee.
e. (Fair Wear and Tear): This guarantee will not cover damage caused by fair wear and tear.
f. (Minor Cracking): Depending upon climatic conditions, it will take up to 24 months for your home to settle. Minor cracking including without limitation, those at internal junctions of walls and the intersections of cornices to both walls and ceilings attributable to shrinking and/or movement are not covered by this guarantee.
g. (Misuse or Neglect): Structural failures caused by neglect or failure on your part to properly maintain your home or by the misuse of your home after Completion of the Building Works will void this guarantee.
(Pest Control): Once the Building Works are Complete, it is you responsibility to ensure that your home is inspected and treated for pests and termites. Any defect or damage caused by termites in structural timber components of the home will not be covered by this guarantee.
h. (Plumbing and Drainage): Structural failure caused by poor surface drainage of the land, leaking plumbing or a failure to install or maintain proper drainage systems in or about the house or property will not be covered by this guarantee.
i. (Unreasonable Delay): Failure to submit a claim to Construct ALM Pty Ltd within 30 calendar days of the structural failure being identified or becoming reasonably capable of being identified will void this guarantee.
j. (Maintenance): You are responsible for the ongoing maintenance
of your home. Any failure to comply with the CSIRO “Foundation Maintenance & Footing Performance” Homeowners Guide (available from the Master Builders E-Shop at www.masterbuilders.asn.au) will void this guarantee.
k. (Attempted Repairs): Any attempted repair of a structural failure will be considered Subsequent Works and accordingly, excluded from this guarantee.
9. If any one or more of the exclusions listed in this document apply, they will have the effect of voiding the entirety of our structural guarantee.
10. For the avoidance of doubt, damage or loss to any items not listed in clause 6 is not covered by our guarantee.
Conditions Precedent to Claiming under our Guarantee:
11. If you believe that you are entitled to make a claim in relation to our guarantee, as a condition precedent you must:
a. (Notice): provide a written description of your request to Construct ALM Pty Ltd within 30 calendar days of the structural failure being identified or becoming reasonably capable of being identified by post to Construct ALM Pty Ltd’ head office. Please see www.banksiahomes.com.au for our contact details. Any failure to give notice within the time and in the form set out in this subclause 11 (a) will void this guarantee in its entirety; and
b. (Access): Upon receipt of your claim, we will review your request and may seek to inspect your property to determine whether there is a structural failure meeting the requirements of this guarantee. Any failure by you to give or arrange reasonable access will void this guarantee in its entirety.
12. For the avoidance of doubt, failure to make a claim in accordance with the conditions precedent in clause 11 will void our structural guarantee in its entirety.
13. If a structural failure meets the requirements of our guarantee and you comply with the conditions precedent set out in clause 11, we will commence rectification works within a reasonable period of time, at our own cost.
14. You must provide or arrange reasonable access to your property for the purposes of any rectification work carried out by Construct ALM Pty Ltd in response to a valid claim made under clause 11 of this guarantee.
15. All works relating to this structural guarantee must be carried out by Construct ALM Pty Ltd and its nominated trades, suppliers and manufacturers. All materials will be supplied by Construct ALM Pty Ltd and its nominated suppliers.
16. The scope of all works relating to this guarantee are limited to damage directly caused by the structural failure specified in your claim. Any other loss or damage including without limitation, consequential loss, indirect loss, loss of opportunity and loss of amenity is specifically excluded and not provided by this guarantee.
17. Without limiting the foregoing, any marks or scratches on or defect in any cupboard doors, basins, baths, showers, bench tops, vanities, carpets and/or other floor coverings, wall tiles, furniture, fittings, drapes, curtains, blinds, televisions, all electric switches, machines and appliances, painted and finished surfaces and moveable chattels are specifically excluded under this guarantee.