Terms and Conditions
Everleigh by Mirvac Incentive Campaign - Land Only
Date of publication 5 March 2020
For a limited time only, Mirvac Queensland Pty Limited (Mirvac) is running a campaign in relation to available Selected Lots in 'Everleigh', Greenbank. If you are a prospective purchaser ('you') considering purchasing a Selected Lot you should read the following terms and conditions before signing any contract. Current terms and conditions are available at everleigh.mirvac.com/termsandconditions ('Campaign Website').
This campaign relates to the sale of the Selected Lots only. Mirvac is responsible for the sale of Selected Lot only. Land Contract and Build Contract are separate. Mirvac is not responsible for any promotion or incentive offered by a Participating Builder to construct a home on a Selected Lot and you must speak to a Participating Builder for details. Details of participating builders are available at https://everleigh.mirvac.com/termsandconditions (which may change without notice).
These terms and conditions are current at time of publication. Mirvac may, in its absolute discretion, vary these terms and conditions at any time without prior notice. Any varied terms and conditions will be published on the Campaign Website.
Before entering into any contract, you should make your own enquiries and obtain appropriate professional advice particular to your circumstances. All purchases are subject to contract terms. These terms and conditions do not form part of any Land Contract or Build Contract.
Duration of the campaign
1. This campaign commences on 9th March 2020 and ends on 26 June 2020 or settlement of all Selected Lots are sold ('Campaign Period'). Mirvac may extend or withdraw the Campaign Period at any time.
2. You are deemed to accept these terms and conditions on delivery of an executed Land Contract to Mirvac during the Campaign Period. If you execute a Land Contract, you acknowledge that you have read and understand, and agree to these terms and conditions, and that you have entered into the contract based on your own judgment and enquiries only.
3. During the Campaign Period, you may be eligible to claim a $5,000 rebate ('Rebate') on the purchase price of a Selected Lot (as agreed in the Land Contract) to be adjusted at settlement of the Land Contract ('Campaign'). The Rebate is applied on a per lot basis, regardless of the number of purchasers named in the Land Contract.
4. Mirvac may vary, update or withdraw Selected Lots during the Campaign Period, in its absolute discretion and without notice. Selected Lots are subject to availability, which may change without notice. For a current list of available Selected Lots see https://everleigh.mirvac.com/now-selling for details or speak to your Mirvac Sales Consultant. You should inquire with Mirvac to confirm if a lot is included in this Campaign before entering into any contract.
5. To be eligible for the Rebate, the following eligibility criteria must be met:
(a) during the Campaign Period, you must complete and execute:
(i) a valid and binding Land Contract with Mirvac for a Selected Lot and settlement must occur on or before 26 June 2020 (Settlement);
(ii) a separate, valid and binding Build Contract with a Participating Builder for the Selected Lot nominated in the Land Contract. You must deliver a fully executed Build Contract to Mirvac before Settlement and any cooling off period for the Build Contract must have expired and the Build Contract only subject to you becoming the registered owner of the Selected Lot (and by no later than the date required by the Land Contract);
(b) Settlement of the Land Contract must be effected on or before the original settlement date calculated under the Land Contract and in any event no later than 26 June 2020; and
(c) you must strictly comply with these terms and conditions, and the Land Contract.
6. It is your sole responsibility to comply with paragraph 5(a)(ii) above, and notify Mirvac of compliance as required by the Land Contract. Mirvac will not be responsible for any failure or delay in compliance, including any misdirected, lost or delayed notification to Mirvac by you or the Participating Builder, or any delay or failure by the Participating Builder to execute a Build Contract.
7. You acknowledge that Mirvac is not party to the Build Contract, and the Participating Builders are not subsidiaries or related entities, agents or joint venture partners of Mirvac. You are solely responsible for negotiating, contracting and otherwise dealing with the Participating Builders. You must make your own enquiries to determine if your selected builder is a Participating Builder, and can construct a home on your Selected Lot.
8. Mirvac does not represent or warrant:
(a) any Participating Builders' ability to enter into, or perform, a Build Contract; and
(b) that your Selected Lot will be suitable or compatible with any home offered by Participating Builders, or subject of any Build Contract. You must make your own enquiries to determine if any selected home for construction is suitable for the Selected Lot.
9. Participating Builders may, independent of Mirvac, promote and provide offers, incentives or rebates in connection with the Selected Lot (Participating Builder Promotions). Mirvac accepts no liability or responsibility for the Participating Builder Promotions, which do not form part of this Campaign or any Land Contract. Any information regarding Participating Builders, the goods and services they offer (including any the terms and conditions attached to any Participating Builder Promotions) and any Build Contract is merely passed on by Mirvac and may not be relied upon by you in entering into any contract.
10. You must make your own enquiries direct with the Participating Builders before entering into any contract.
11. The Rebate may not be used in conjunction with any other Mirvac promotion or offer for the relevant Selected Lot.
12. Mirvac may, in its sole discretion:
(a) vary these terms and conditions at any time during the Campaign Period;
(b) withdraw the campaign;
(c) waive strict compliance with these terms and conditions, as determined on a case by case basis;
(d) determine eligibility to participate in this Campaign, if there is a dispute as to eligibility and with regard to these terms and conditions and the Land Contract.
13. In the event of ambiguity or uncertainty arising from these terms and conditions, Mirvac may make a determination on that ambiguity or uncertainty in its absolute discretion.
14. All decisions by Mirvac are final and binding.
15. Nothing in these terms and conditions or any Land Contract limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth) or other consumer protection laws in Queensland which cannot be contracted out of (Non-Excludable Guarantees).
16. Except to the extent any liability cannot be excluded by law (including the Non-Excludable Guarantees), Mirvac (including its respective officers, employees and agents) will not be liable for any liability (including without limitation, liability in negligence) for any personal injury, costs, or loss or damage (including special or consequential damage), whether direct or indirect, arising in any way out of or in connection with, this Campaign and any Build Contract including (without limitation):
(a) your ineligibility to receive the Rebate or participate in this Campaign;
(b) Mirvac's inability to provide any aspect of this Campaign as a result of the act of any third party, its employees or agents. This includes any act or omission by any Participating Builders such as a failure or delay to enter into a valid and binding Build Contract as a precondition to receiving the Rebate;
(c) any reliance on any information in any advertisement, publication or statement relating to this Campaign or by any Participating Builder in connection with this Campaign;
(d) any Build Contract and any act or omission by the Participating Builder in connection with the Build Contract, including (without limitation) any failure to perform any part of that contract, delays in construction, and any offers, incentives or rebates offered by a Participating Builder;
(e) any representations or misstatements made by, or on behalf of, the Participating Builder.
17. In consideration of your participation in this Campaign, you irrevocably release and indemnify Mirvac from all claims (howsoever described) and loss and damage (whether direct, indirect, special or consequential) including any costs (such as legal costs) in any way arising out of or in connection with any Build Contract or any act or omission of any Participating Builder.
18. These terms and conditions and any material associated with the Campaign does not form part of any Land Contract. The Land Contract will prevail to the extent of any inconsistency.
19. These terms and conditions are governed by the laws in Queensland.
20. In these terms and conditions:
(a) Build Contract means a contract between you and a Participating Builder to construct a home on a Selected Lot, and in a form prescribed by the Participating Builder, that strictly complies with the requirements of the Land Contract, including, but not limited to, the housing covenants under the Land Contract.
(b) Land Contract means a contract between you and Mirvac (as seller) for the purchase of a Selected Lot in a form prescribed by Mirvac in its absolute discretion, incorporating and including Mirvac's standard rebate special condition. A copy of the rebate special condition is available on request from a Mirvac Sales Consultant.
(c) Participating Builder means an 'Everleigh', Greenbank display builder participating in the Campaign during the Campaign Period from time to time. Details of participating builders are available at https://everleigh.mirvac.com/termsandconditions (which may change without notice).
(d) Selected Lot means select vacant land lots in 'Everleigh', Greenbank available for purchase from Mirvac in connection with this Campaign, as determined by Mirvac from time to time in its absolute discretion.
(e) You refers to the purchaser participating, or wishing to participate, in this promotion. Where there is more than one named purchaser in a Land Contract, all of the named purchasers.
Personal information and privacy
PARTICIPATING EVERLEIGH DISPLAY VILLAGE BUILDERS