Hampton Homes Melbourne
Promotional Offer Terms and Conditions
Promoter: Hill and Muller Pty Ltd (ABN 70 886 504 046) trading as Hampton Homes Melbourne
Registered Building Practitioner Number: CDB-U 51472
Address: 697 Whitehorse Road, Mont Albert, Victoria 3127
Version: 1.0 — Effective 27 September 2026
Important notice — please read before signing
These Terms and Conditions govern the promotional offers made available by Hill and Muller Pty Ltd (ABN 70 886 504 046) trading as Hampton Homes Melbourne. They form part of your Design Agreement and are legally binding.
Nothing in these Terms and Conditions excludes, restricts or modifies:
- (a) any guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), including the consumer guarantees that services will be supplied with due care and skill and that goods will be of acceptable quality;
- (b) the warranties implied into domestic building contracts by section 8 of the Domestic Building Contracts Act 1995 (Vic), which cannot be excluded or limited by agreement and which run with the land for the benefit of subsequent owners; or
- (c) your cooling-off rights under section 34 of the Domestic Building Contracts Act 1995 (Vic), or any other right you have under the Building Act 1993 (Vic) or the Domestic Building Contracts Act 1995 (Vic).
To the extent of any inconsistency between these Terms and Conditions and any of the rights described above, those rights prevail.
You should obtain independent legal and financial advice before signing a Design Agreement or Building Contract in reliance on any Offer.
Part A — Definitions and Interpretation
1. Definitions
In these Terms and Conditions, unless the context requires otherwise:
1.1 "ACL" means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).
1.2 "Agreed Handover Date" means the date for completion of the Works specified in the Building Contract, as extended from time to time in accordance with clause 18.3.
1.3 "Builder" means Hill and Muller Pty Ltd (ABN 70 886 504 046) trading as Hampton Homes Melbourne, a registered building practitioner (CDB-U 51472) of 697 Whitehorse Road, Mont Albert, Victoria 3127. "Hampton Homes Melbourne" is a registered business name of Hill and Muller Pty Ltd. All obligations under these Terms and Conditions are obligations of Hill and Muller Pty Ltd, and all Offers are made by Hill and Muller Pty Ltd.
1.4 "Building Contract" means the major domestic building contract entered into between the Builder and the Owner for construction of the Home, being a contract to which the Domestic Building Contracts Act 1995 (Vic) applies.
1.4A "Building Codes, Regulations and Standards" means the National Construction Code, the Australian Standards called up by it, and the Building Act 1993 (Vic) and Building Regulations 2018 (Vic), in each case as applicable to the Home at the date of issue of the Occupancy Permit.
1.5 "Bespoke Specification" means the Builder's specification level designated "Bespoke" as described in the Design Agreement, and does not include the Builder's Classic Specification or Tailored Specification. "Classic Specification" and "Tailored Specification" mean the Builder's specification levels so designated in the Design Agreement.
1.6 "Business Day" means a day that is not a Saturday, Sunday or public holiday in Melbourne, Victoria.
1.7 "Claim Notice" means a written notice given by the Owner to the Builder claiming an Offer Benefit, in the form and within the time required by these Terms and Conditions.
1.8 "Design Agreement" means the written agreement between the Builder and the Owner under which the Builder provides design services in respect of the Home.
1.9 "Eligible Customer" means an Owner who satisfies all of the eligibility requirements in clause 5.
1.10 "GST" has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.11 "Handover" means the date on which practical completion of the Works occurs under the Building Contract, being the date on which an Occupancy Permit is issued by the Registered Building Surveyor for the Home.
1.12 "Home" means the dwelling to be designed and constructed by the Builder for the Owner at the Site, as described in the Design Agreement and the Building Contract.
1.13 "Occupancy Permit" means an occupancy permit issued under section 46 of the Building Act 1993 (Vic).
1.13A "Registered Building Surveyor" means the relevant building surveyor appointed in respect of the Home under the Building Act 1993 (Vic).
1.14 "Offer" means any one of the promotional offers described in Part C, and "Offers" means all of them.
1.15 "Offer Benefit" means the money, goods, services or warranty to be provided by the Builder under an Offer.
1.16 "Offer Period" means the period commencing at 12.00am on 1 January 2026 and ending at 11.59pm on 31 December 2026 (Melbourne time), or such shorter period as applies if all available places are taken in accordance with clause 6.
1.17 "Owner" means the person or persons who are registered as proprietor of, or who are entitled to become registered as proprietor of, the Site, and who engage the Builder under a Design Agreement and a Building Contract. Where there is more than one Owner, they are bound jointly and severally.
1.18 "Site" means the land on which the Home is to be constructed, as identified in the Design Agreement.
1.19 "Terms and Conditions" means this document, including all Parts and Schedules.
1.20 "Works" means the building works to be carried out by the Builder under the Building Contract.
2. Interpretation
2.1 Headings are for convenience only and do not affect interpretation.
2.2 The singular includes the plural and vice versa, and a gender includes all genders.
2.3 A reference to legislation includes that legislation as amended, re-enacted or replaced from time to time, and any subordinate legislation made under it.
2.4 A reference to a person includes a corporation, trust, partnership, unincorporated body or other entity.
2.5 "Includes" and "including" are not words of limitation, and a list of examples does not limit the meaning of the general words to which it relates.
2.6 A reference to a clause or Schedule is a reference to a clause of, or Schedule to, these Terms and Conditions.
2.7 No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms and Conditions.
2.8 If a period is to be calculated from a given day or the day of an act or event, it is to be calculated exclusive of that day.
Part B — General Conditions Applying to All Offers
3. Status and incorporation of these Terms and Conditions
3.1 These Terms and Conditions apply to and govern each Offer.
3.2 An Offer is only available to an Owner where the Offer is expressly identified and described in the Owner's executed Design Agreement, and these Terms and Conditions are attached to or incorporated by reference into that Design Agreement.
3.3 By signing a Design Agreement that identifies an Offer, the Owner acknowledges that the Owner has read, understood and agrees to be bound by these Terms and Conditions.
3.4 An Offer cannot be claimed, added or varied after the Design Agreement has been signed and the deposit paid. No representation by any employee, agent or contractor of the Builder outside the executed Design Agreement creates an entitlement to an Offer.
3.5 Subject to clause 3.6, if there is any inconsistency between these Terms and Conditions and any advertising, brochure, website content or other promotional material relating to an Offer, these Terms and Conditions prevail.
3.6 Clause 3.5 does not operate to exclude or limit any liability of the Builder under the ACL for misleading or deceptive conduct or for a false or misleading representation.
3.7 If there is any inconsistency between these Terms and Conditions and the Building Contract, the Building Contract prevails in respect of the carrying out of the Works, and these Terms and Conditions prevail in respect of the Offer Benefit. For the avoidance of doubt, the specification in clause 33.1 prevails over any inconsistent pool specification in the Building Contract.
4. Offer Period
4.1 To be eligible for an Offer, the Owner must sign a Design Agreement within the Offer Period.
4.2 The Offer Period is the 2026 calendar year. The Builder will publish the Offer Period on its website and in the relevant promotional material for each Offer.
4.3 A Design Agreement signed before the commencement of, or after the conclusion of, the Offer Period does not attract an Offer.
5. Eligibility
5.1 To be an Eligible Customer, the Owner must satisfy all of the following requirements:
- (a) the Owner must be aged 18 years or over and be a natural person resident in Australia, or a corporation or trustee that is validly constituted in Australia;
- (b) the Owner must be, or be entitled to become, the registered proprietor of the Site, and the Site must be located within the Builder's service area, being the metropolitan Melbourne local government areas listed on the Builder's website as at the commencement of the Offer Period;
- (c) the Owner must sign a Design Agreement with the Builder within the Offer Period, and pay the design deposit in accordance with that Design Agreement;
- (d) each Offer the Owner is to receive must be expressly specified in the Design Agreement at the time it is signed;
- (e) the Home must be designed and constructed to the Bespoke Specification. Offers are not available for homes designed or constructed to the Classic Specification or the Tailored Specification;
- (f) the Home must be designed and constructed by the Builder, and the Owner must not engage another builder to carry out the Works;
- (g) the Owner must proceed to enter into a Building Contract with the Builder for construction of the Home the subject of the Design Agreement;
- (h) the Owner must sign the Building Contract, and pay any outstanding deposit monies payable under it, within 30 days of the date on which the Owner receives the Building Contract from the Builder; and
- (i) the Owner must not, at the time the Offer Benefit falls to be provided, be in material breach of the Design Agreement or the Building Contract where the Builder has given the Owner written notice of that breach and the Owner has failed to remedy it within 14 days of that notice.
5.2 The following persons are not Eligible Customers: the Builder's directors, officers, employees and their immediate family members; and the Builder's related bodies corporate and their directors, officers and employees.
5.3 If the Owner does not satisfy clause 5.1(h), the Offer is void and cannot be redeemed. For the avoidance of doubt, the Design Agreement and any Building Contract otherwise remain on foot according to their terms.
5.4 Nothing in clause 5.1(h) requires the Owner to pay a deposit in excess of the maximum permitted by section 11 of the Domestic Building Contracts Act 1995 (Vic), being 5% of the contract price where the contract price is $20,000 or more.
5.5 Nothing in these Terms and Conditions affects the Owner's right to cool off under section 34 of the Domestic Building Contracts Act 1995 (Vic). If the Owner exercises that right, the Offer lapses and no Offer Benefit is payable, but the Owner incurs no other liability by reason of the Offer.
6. Limited availability and allocation of places
6.1 A maximum of six (6) places are available across the campaign in total. A place is allocated to an Eligible Customer, not to an individual Offer: an Eligible Customer who receives more than one Offer occupies one place only. Once six Eligible Customers have signed a Design Agreement specifying one or more Offers, all Offers close, whether or not the Offer Period has concluded.
6.2 Places are allocated strictly in order of the date and time at which a Design Agreement specifying one or more Offers is executed by both the Owner and the Builder and the design deposit is received in cleared funds by the Builder. Where two or more Design Agreements would otherwise rank equally, priority is determined by the time of receipt of the design deposit.
6.3 The Builder will maintain a written record of places allocated, including the date and time of allocation, and will make that record available for inspection by an Owner on reasonable written request.
6.4 If the Builder receives a Design Agreement specifying one or more Offers after all six places have been allocated, the Builder will notify the Owner in writing within five Business Days and the Owner may, at the Owner's election, either proceed with the Design Agreement without the Offers or terminate the Design Agreement and receive a full refund of the design deposit.
7. Offers an Owner may receive
7.1 An Owner may receive more than one Offer. Offers may be combined, provided each Offer the Owner is to receive is expressly specified in the Owner's Design Agreement at the time it is signed.
7.2 An Owner may receive each Offer once only, and only in respect of one Site and one Home. Where the same Owner enters into more than one Design Agreement, the Offers apply to the first Design Agreement only.
7.3 Offers cannot be used in conjunction with any other promotion, discount, rebate, referral fee or incentive offered by the Builder, unless the Builder agrees otherwise in writing.
8. No cash alternative and no substitution by the Owner
8.1 Except for the Offer in Schedule 1 (which is a monetary payment), Offer Benefits are not exchangeable or redeemable for cash, and cannot be applied as a credit or reduction against the contract price under the Building Contract.
8.2 The Owner may not substitute, vary, upgrade or exchange an Offer Benefit for any other goods, services or benefit.
8.3 If the Owner requests a variation to an Offer Benefit and the Builder agrees in writing to that variation, the Owner is responsible for the full cost of the variation, and the variation must be documented as a variation under the Building Contract in accordance with section 37 of the Domestic Building Contracts Act 1995 (Vic).
9. Substitution by the Builder
9.1 Where an Offer Benefit or any component of it becomes unavailable, is discontinued, or cannot lawfully or practicably be supplied for reasons outside the Builder's reasonable control, the Builder may substitute an alternative item of equal or greater value and of substantially equivalent quality, specification and function.
9.2 Before making a substitution under clause 9.1, the Builder will consult with the Owner and give the Owner written notice setting out the proposed substitute and the basis on which the Builder considers it to be of equal or greater value.
9.3 If the Owner reasonably objects to a proposed substitution, the parties must confer in good faith to agree an alternative. If no alternative is agreed within 20 Business Days, the Builder will pay the Owner the reasonable retail market value of the original Offer Benefit as at the date of the Design Agreement, assessed by an independent valuer who holds qualifications appropriate to the Offer Benefit being valued, appointed by agreement between the parties or, failing agreement within 10 Business Days, by the President of the Law Institute of Victoria or their nominee, with the valuer's costs borne by the Builder.
9.4 Clause 9 does not apply to the Offer in Schedule 2, which is a guarantee and not a good or service.
10. Non-transferability
10.1 Offers and Offer Benefits are personal to the Owner named in the Design Agreement. They are not transferable or assignable to any other person, and cannot be sold, gifted or otherwise disposed of prior to delivery.
10.2 An Owner may not assign the benefit of an Offer to a purchaser of the Site or the Home.
10.3 Clause 10 does not affect the operation of section 9 of theDomestic Building Contracts Act 1995 (Vic) in relation to the statutory warranties implied by section 8 of that Act, which run with the land.
11. Withdrawal, suspension and amendment of Offers
11.1 The Builder may withdraw, suspend or amend an Offer, or any of these Terms and Conditions, at any time before an Owner signs a Design Agreement specifying that Offer, by publishing notice of the withdrawal, suspension or amendment on its website.
11.2 Once an Owner has signed a Design Agreement specifying an Offer and paid the design deposit, the Builder may not withdraw or adversely amend that Offer as it applies to that Owner, except:
- (a) with the Owner's written consent;
- (b) where required by law or by an order of a court or tribunal; or
- (c) in accordance with clause 9 (substitution) or clause 12 (lapse and termination).
11.3 Any amendment made under clause 11.1 applies only prospectively and does not affect an Owner who has already signed a Design Agreement specifying the Offer.
12. Lapse and termination of Offers
12.1 An Offer lapses immediately and no Offer Benefit is payable or deliverable if:
- (a) the Design Agreement is terminated by either party before a Building Contract is signed, other than by reason of the Builder's breach;
- (b) the Building Contract is not signed, and any outstanding deposit paid, within the period required by clause 5.1(h);
- (c) the Building Contract is terminated before Handover, other than by reason of the Builder's breach or repudiation;
- (d) the Owner engages another builder to complete the Works;
- (e) the Owner fails to pay any amount due and payable under the Design Agreement or the Building Contract, and that failure continues for 14 days after the Builder has given the Owner written notice requiring payment; or
- (f) the Owner becomes bankrupt or insolvent, or an administrator, receiver, liquidator or trustee in bankruptcy is appointed in respect of the Owner.
12.2 Where an Offer lapses under clause 12.1(c) by reason of the Builder's breach or repudiation, the Owner's rights in respect of that breach or repudiation are not affected by these Terms and Conditions.
12.3 If, at the time an Offer Benefit falls due, the Owner owes the Builder any amount that is due and payable under the Design Agreement or the Building Contract, the Builder may withhold the Offer Benefit until that amount is paid, or set off the value of the Offer Benefit against that amount. The Builder must give the Owner written notice before exercising a right of set-off under this clause, specifying the amount claimed and the basis of the claim.
13. Conditions applying to every Offer
13.1 The provision of each Offer Benefit is conditional on:
- (a) the issue of all planning permits, building permits and other statutory approvals required for the Home and, where applicable, the Offer Benefit;
- (b) the Site being suitable, in the Builder's reasonable opinion acting on the advice of a suitably qualified consultant, for construction of the Home and, where applicable, the Offer Benefit;
- (c) the Owner obtaining any finance required to proceed with the Building Contract; and
- (d) the Builder not having declined to proceed under clause 13.4.
13.2 If a condition in clause 13.1 is not satisfied, the Builder will notify the Owner in writing setting out the reasons, and the Offer lapses. No Offer Benefit and no payment in lieu is then payable, and clause 9 does not apply.
13.3 Clause 13.2 does not apply where the failure of a condition in clause 13.1(a), (b) or (c) is caused by the Builder's act, omission or default, in which case clause 9 (substitution) applies. Clause 9 does not apply where the Builder declines to proceed under clause 13.4.
13.4 Builder's project assessment. The Builder carries out an assessment of each project, covering the Site, the proposed design, the scope of works, the applicable planning and building controls, and the feasibility of constructing the Home within the Owner's stated budget. Following that assessment, the Builder may decline to proceed with the Design Agreement and the project, and elect not to offer a Building Contract, where the Builder forms the reasonable view that:
- (a) the Site is not suitable for the proposed Home, or presents site conditions, access constraints, planning controls or service constraints that the Builder is not willing to accept;
- (b) the proposed design, scope of works or specification cannot be delivered within the Owner's stated budget, or cannot be delivered to the Builder's standards;
- (c) the project cannot be delivered within the Builder's available capacity or programme; or
- (d) required planning or building approvals are unlikely to be obtained, or are likely to be obtained only on conditions the Builder is not willing to accept.
13.5 The Builder must exercise the right in clause 13.4 within 30 Business Days of completing its project assessment, and must give the Owner written notice setting out the grounds on which it declines to proceed.
13.6 Where the Builder declines to proceed under clause 13.4:
- (a) the Offer lapses and no Offer Benefit and no payment in lieu is payable;
- (b) the Design Agreement is at an end; and
- (c) the Builder must refund to the Owner, within 10 Business Days, all monies paid by the Owner under the Design Agreement, less the value of design work actually performed by the Builder up to the date of the notice, calculated at the rates set out in the Design Agreement. Where the Builder declines to proceed on a ground the Builder knew or ought reasonably to have known at the date the Design Agreement was signed, the Builder must refund all monies paid in full without deduction.
13.7 The right in clause 13.4 is not exercisable after the Owner has signed a Building Contract for the Home.
14. Taxation and associated costs
14.1 The Owner is solely responsible for determining, and for meeting, any taxation liability arising from or in connection with the receipt of an Offer Benefit, including any income tax, capital gains tax, fringe benefits tax, goods and services tax or luxury car tax consequence.
14.2 The Builder makes no representation and gives no advice as to the taxation treatment of any Offer Benefit. The Owner should obtain independent taxation advice before accepting an Offer.
14.3 Unless expressly stated otherwise in the relevant Schedule, the Owner is responsible for all fees, charges, duties, levies and ongoing costs associated with an Offer Benefit, including stamp duty, transfer fees, registration fees, insurance premiums after any period stated in the relevant Schedule, maintenance, running costs and statutory compliance costs.
14.4 All amounts stated in these Terms and Conditions are inclusive of GST unless expressly stated otherwise.
14.5 The Offer Benefit is provided at no additional charge to the contract price payable under the Building Contract. The contract price is not increased by reason of the Owner receiving an Offer Benefit, and is not reduced by reason of the Owner not receiving one.
15. Consumer guarantees and statutory rights
15.1 Certain rights and guarantees conferred by the ACL and by the Domestic Building Contracts Act 1995 (Vic) cannot be excluded, restricted or modified. Nothing in these Terms and Conditions operates to exclude, restrict or modify those rights and guarantees.
15.2 Where goods supplied as an Offer Benefit are manufactured by a third party, those goods carry the manufacturer's warranty in addition to the consumer guarantees under the ACL. The Builder is not the manufacturer of those goods.
15.3 To the maximum extent permitted by law, and subject to clause 15.1:
- (a) the Builder's liability in connection with an Offer is limited, at the Builder's election, to resupplying the Offer Benefit, paying the cost of resupplying it, or paying the reasonable retail market value of the Offer Benefit as at the date of the Design Agreement; and
- (b) the Builder is not liable for any indirect or consequential loss, loss of profit, loss of opportunity or loss of use arising in connection with an Offer.
15.4 Clause 15.3 does not apply to the Builder's liability to make a payment under Schedule 1, which is governed by that Schedule.
16. Privacy
16.1 The Builder collects, uses, holds and discloses personal information about Owners in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and in accordance with the Builder's Privacy Policy available at https://www.hamptonhomesmelbourne.com.au/s/Hampton-Homes-Melbourne-Privacy-Policy-v1.pdf
16.2 The Builder may use an Owner's personal information for the purpose of administering and verifying Offers and for the purposes set out in its Privacy Policy.
16.3 The Builder will not use an Owner's name, image, likeness, or any statement made by the Owner, for marketing or publicity purposes without the Owner's prior written consent. The Builder may photograph and publish images of the completed Home, provided those images do not identify the Owner and do not show the Owner's personal possessions in a way that identifies them. Consent is not a condition of eligibility for any Offer, and an Owner who declines to give consent is not disadvantaged in any way.
16.4 Any marketing communications sent by the Builder will comply with the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth), and will include a functional unsubscribe facility.
17. Dispute resolution
17.1 If a dispute arises in connection with an Offer, the party claiming the dispute must give the other party written notice setting out the nature of the dispute and the outcome sought.
17.2 The parties must meet, in person or by video conference, within 15 Business Days of the notice and use reasonable endeavours to resolve the dispute in good faith.
17.3 If the dispute is not resolved within 30 Business Days of the notice, and the dispute is a domestic building dispute, either party may refer the dispute for conciliation to the body responsible from time to time for conciliating domestic building disputes in Victoria, being at the date of these Terms and Conditions the Building and Plumbing Commission. Conciliation, and the issue of a certificate by that body, is generally required before a domestic building dispute may be heard by the Victorian Civil and Administrative Tribunal.
17.4 Nothing in clause 17 prevents a party from seeking urgent injunctive or declaratory relief, or from exercising any right under the ACL or the Domestic Building Contracts Act 1995 (Vic).
17.5 Nothing in clause 17 prevents an Owner from making a complaint to Consumer Affairs Victoria, the Building and Plumbing Commission, or the Australian Competition and Consumer Commission.
18. Force majeure and extensions of time
18.1 Neither party is liable for any failure or delay in performing an obligation under these Terms and Conditions (other than an obligation to pay money that is already due) to the extent that the failure or delay is caused by an event beyond that party's reasonable control, including fire, flood, storm, earthquake, epidemic or pandemic, war, act of terrorism, civil disturbance, industrial action affecting the industry generally, government restriction or direction, or failure or shortage of utilities or materials affecting the industry generally.
18.2 A party affected by an event described in clause 18.1 must notify the other party in writing as soon as reasonably practicable, specifying the event, its likely effect and the steps being taken to mitigate it, and must use reasonable endeavours to mitigate its effect.
18.3 For the purposes of Schedule 1, the Agreed Handover Date is extended by any period of delay:
- (a) for which the Builder is entitled to an extension of time under the Building Contract, whether or not the Builder has claimed it, provided the Builder has given the Owner written notice of the claim within the time required by the Building Contract;
- (b) caused by an event described in clause 18.1;
- (c) caused by any act, omission, breach, delay or direction of the Owner or a person engaged by the Owner, including delay in making a selection, delay in approving a document, delay in making a payment, or a request for a variation;
- (d) attributable to a variation to the Works, whether requested by the Owner or required by a relevant authority;
- (e) caused by a delay by a relevant authority, service provider or Registered Building Surveyor in granting a permit, approval, connection or inspection, where the Builder has made the relevant application in a timely manner;
- (f) caused by latent site conditions not reasonably foreseeable by the Builder at the date of the Building Contract; or
- (g) caused by inclement weather and conditions resulting from inclement weather, to the extent provided for in the Building Contract.
18.4 The Builder must give the Owner written notice of each extension of time claimed under clause 18.3, specifying the cause of the delay and the number of days claimed, within the time required by the Building Contract or, if no time is specified, within 20 Business Days of the Builder becoming aware of the cause.
18.5 If the Owner disputes an extension of time claimed under clause 18.3, the dispute is to be resolved in accordance with clause 17.
19. General
19.1 Governing law. These Terms and Conditions are governed by the laws of the State of Victoria, and the parties submit to the non-exclusive jurisdiction of the courts and tribunals of Victoria.
19.2 Severance. If any provision of these Terms and Conditions is void, voidable, unenforceable or illegal, it is severed to the extent necessary and the remaining provisions continue in full force. If a provision can be read down so as to be valid and enforceable, it must be read down.
19.3 Unfair contract terms. If any provision of these Terms and Conditions is, or is found to be, an unfair term within the meaning of section 24 of the ACL, that provision is void and clause 19.2 applies.
19.4 Entire agreement. These Terms and Conditions, together with the Design Agreement and the Building Contract, constitute the entire agreement between the parties in relation to the Offers. This clause does not exclude or limit any liability of the Builder under the ACL for misleading or deceptive conduct or for a false or misleading representation.
19.5 Waiver. A failure or delay by a party to exercise a right does not operate as a waiver of that right. A waiver is only effective if given in writing.
19.6 Variation. Subject to clause 11, these Terms and Conditions may only be varied by written agreement signed by both parties.
19.7 Notices. A notice under these Terms and Conditions must be in writing and given to the Builder, addressed to Hill and Muller Pty Ltd, at 697 Whitehorse Road, Mont Albert, Victoria 3127 or by email to enquiries@hamptonhomesmelbourne.com.au, and to the Owner at the address or email address stated in the Design Agreement. A notice is taken to be received on delivery, or if sent by email, at the time the email enters the recipient's information system, unless the sender receives a delivery failure notification.
19.8 Survival. Clauses 14, 15, 16, 17 and 19, Schedule 2, and clauses 36, 42, 44 and 45, survive the completion of the Works and the expiry or termination of the Design Agreement and the Building Contract.
19.9 Counterparts and electronic execution. These Terms and Conditions may be executed in counterparts and by electronic signature in accordance with theElectronic Transactions (Victoria) Act 2000.
19.10 Joint and several liability. Where an Owner comprises more than one person, each is bound jointly and severally.
Part C — The Offers
Schedule 1 — Handover Delay Payment Offer
("$20,000 per week if handover is late")
20. The Offer
20.1 Subject to these Terms and Conditions, if Handover of the Home does not occur on or before the Agreed Handover Date, the Builder will pay the Owner $20,000 for each completed week by which Handover is delayed beyond the Agreed Handover Date, up to a maximum aggregate amount of $60,000.
20.2 The payment accrues per completed period of seven consecutive days. No pro-rata payment is made for a part week.
20.2A The amounts in clause 20.1 are payable to the Owner in full and are not reduced on account of GST. Clause 14.4 does not apply to this Schedule.
20.3 The maximum amount payable under this Schedule is $60,000 in aggregate, representing three completed weeks of delay, regardless of the actual length of the delay.
21. Determination of the Agreed Handover Date
21.1 The Agreed Handover Date is the date for completion of the Works specified in the Building Contract.
21.2 The date for completion of the Works is determined by the Builder on completion of all design work under the Design Agreement, and will be stated in the Building Contract before it is signed by the Owner. The Owner is not obliged to sign the Building Contract and may obtain independent advice about the date before doing so.
21.3 The Agreed Handover Date relates solely to the Building Contract. It does not relate to, and imposes no obligation in respect of, any date under the Design Agreement.
21.4 The Agreed Handover Date is extended in accordance with clause 18.3.
22. When Handover occurs
22.1 For the purposes of this Schedule, Handover occurs on the date on which the Registered Building Surveyor issues the Occupancy Permit for the Home.
22.2 Handover is not deferred, and no payment accrues under this Schedule, by reason of any delay after the issue of the Occupancy Permit in the physical handing over of keys or possession, where that delay is attributable to:
- (a) the Owner's failure to pay any amount due and payable under the Building Contract;
- (b) the Owner's failure to comply with any obligation under the Building Contract;
- (c) the completion of variations to the Works requested by the Owner after the issue of the Occupancy Permit; or
- (d) the rectification of defects that do not prevent the issue of the Occupancy Permit.
22.3 Clause 22.2 does not limit the Owner's rights in respect of defective or incomplete work under the Building Contract, the Domestic Building Contracts Act 1995 (Vic) or the ACL.
23. Claiming the payment
23.1 To claim a payment under this Schedule, the Owner must give the Builder a Claim Notice within 30 Business Days after the date on which the Occupancy Permit is issued.
23.2 The Claim Notice must state the Agreed Handover Date, the date on which the Occupancy Permit was issued, the number of completed weeks of delay claimed, and the amount claimed.
23.3 The Builder must respond to a Claim Notice within 20 Business Days, either accepting the claim or setting out in detail the grounds on which it is disputed.
23.4 The Builder must pay an accepted claim within 20 Business Days of accepting it, by electronic funds transfer to an account nominated by the Owner.
23.5 If the Builder disputes a claim, clause 17 applies.
23.6 The time limit in clause 23.1 is not a bar to a claim made within 6 months after the issue of the Occupancy Permit, except to the extent the Builder has suffered actual prejudice as a result of the delay in claiming. A claim made more than 6 months after the issue of the Occupancy Permit is barred.
24. Relationship with other remedies
24.1 The payment under this Schedule is a promotional benefit offered by the Builder. It is a debt payable by the Builder on the occurrence of the event described in clause 20.1, and is not a pre-estimate of, and does not require proof of, any loss suffered by the Owner.
24.2 The payment under this Schedule is in addition to, and not in substitution for, the Owner's rights and remedies under the Building Contract, the Domestic Building Contracts Act 1995 (Vic) and the ACL.
24.3 Where the Owner is entitled to liquidated damages or delay damages under the Building Contract in respect of the same period of delay, the Builder may set off the amount of those damages against the amount payable under this Schedule, so that the Owner receives the greater of the two amounts but not both in respect of the same period.
25. Specific conditions
25.1 This Offer is available only where the Home is designed and constructed to the Bespoke Specification.
25.2 This Offer is available only where the Home is both designed and constructed by the Builder.
25.3 This Offer is limited to the number of places stated in clause 6.1.
Schedule 2 — Lifetime Guarantee
(a lifetime compliance guarantee, for as long as you own your home)
26. What this guarantee is
26.1 This guarantee runs for as long as the Owner named in the Building Contract owns the Home. There is no expiry date and no time limit. The Owner does not need to live in the Home — the Owner may rent it out, move away, or use it as a holiday home, and the guarantee continues. The guarantee is personal to the Owner and ends if the Owner sells the Home.
26.2 This guarantee is given by the Builder in addition to, and does not replace or reduce, the statutory warranties implied by section 8 of theDomestic Building Contracts Act 1995 (Vic) or the consumer guarantees under the ACL. Those statutory warranties and guarantees:
- (a) cannot be excluded, restricted or modified by agreement;
- (b) run with the land under section 9 of the Domestic Building Contracts Act 1995 (Vic) and are enforceable by a subsequent owner of the Home; and
- (c) continue to apply regardless of who owns or occupies the Home.
26.3 Nothing in this Schedule limits or affects the rights described in clause 26.2.
27. The warranty
27.1 The Builder warrants that the Home will be constructed in accordance with all Building Codes, Regulations and Standards applicable at the date of issue of the Occupancy Permit for the Home.
27.2 Subject to clauses 28 and 29, where building work carried out by the Builder does not comply with clause 27.1, the Builder will rectify that non-compliance at its own cost.
28. Duration and scope
28.1 This guarantee commences on the date of issue of the Occupancy Permit and continues, without limit of time, for so long as the Owner named in the Building Contract owns the Home.
28.2 This guarantee ends on the earlier of:
- (a) the date the Owner ceases to own the Home, subject to clause 28.2A; and
- (b) the date the Home is demolished or destroyed.
28.2A A change in the registered proprietor of the Home does not end this guarantee where the Home passes to, and the guarantee is then held by:
- (a) a surviving Owner, where the Owner comprised more than one person;
- (b) the Owner's spouse or domestic partner, or the Owner's legal personal representative or a beneficiary of the Owner's estate, on the death of the Owner; or
- (c) a trustee, company or other entity controlled by the Owner, where the transfer is not a sale at arm's length.
The Owner must notify the Builder in writing within 60 days of a transfer under this clause.
28.3 Subject to clause 28.2A, this guarantee is personal to the Owner named in the Building Contract. It does not extend or transfer to a purchaser or other subsequent owner of the Home, and it is not assignable. This limitation does not apply to, and does not affect, the statutory warranties described in clause 26.2, which do transfer with the land.
28.4 This guarantee applies only to building work carried out by the Builder or by a subcontractor engaged by the Builder. It does not apply to:
- (a) materials supplied by the Owner or by a person engaged by the Owner;
- (b) work carried out by the Owner, an owner-builder, or a contractor engaged directly by the Owner, whether before, during or after construction of the Home;
- (c) alterations, additions or modifications made to the Home after the issue of the Occupancy Permit, other than by the Builder; or
- (d) work carried out on a home not designed and constructed by the Builder.
29. Exclusions
29.1 This guarantee does not apply to the extent that a non-compliance or defect is caused by or arises from:
- (a) fair wear and tear;
- (b) failure by the Owner to take reasonable steps to maintain the Home in accordance with the maintenance schedule and manufacturers' instructions provided by the Builder at Handover;
- (c) use of the Home otherwise than for its intended purpose;
- (d) alteration or modification of the Home, or of any building element, by a person other than the Builder;
- (e) damage caused by an event described in clause 18.1, or by accident, misuse or neglect;
- (f) movement, settlement or shrinkage within the tolerances permitted by the applicable Standard or by the Guide to Standards and Tolerances published from time to time;
- (g) a change in the applicable Building Codes, Regulations or Standards after the date of issue of the Occupancy Permit; or
- (h) normal seasonal or environmental effects, including efflorescence, mould arising from inadequate ventilation, or fading of finishes.
29.2 Clause 29.1(b) applies only where the Builder has provided the Owner with a written maintenance schedule at Handover and the Owner's failure has materially contributed to the non-compliance or defect.
30. Making a warranty claim
30.1 The Owner must give the Builder written notice of a claim under this guarantee as soon as reasonably practicable after the Owner becomes aware, or ought reasonably to have become aware, of the non-compliance.
30.2 The notice must describe the non-compliance and, where reasonably practicable, be accompanied by photographs.
30.3 The Owner must allow the Builder and its representatives reasonable access to the Home, on reasonable notice and at reasonable times, to inspect the claimed non-compliance and to carry out rectification work.
30.4 The Builder must acknowledge a warranty claim within 10 Business Days and, where the claim is accepted, must commence rectification work within a reasonable time having regard to the nature and urgency of the non-compliance.
30.5 If the Owner engages a third party to carry out rectification work without first giving the Builder notice and a reasonable opportunity to rectify, this guarantee does not apply to that work or to the cost of it. This clause does not apply where the non-compliance presents an immediate risk to health or safety, or where the Builder has failed to respond within the time required by clause 30.4.
31. Specific conditions
31.1 This guarantee is available only where the Home is both designed and constructed by the Builder.
Schedule 3 — Swimming Pool Offer
("Custom 7m x 3m heated pool")
32. The Offer
32.1 Subject to these Terms and Conditions, the Builder will design, construct and install one in-ground concrete swimming pool at the Site, as part of the Works under the Building Contract.
33. Specification — what is included
33.1 The pool comprises:
- (a) an in-ground reinforced concrete pool, rectangular in shape, with four vertical walls and a flat or graded base;
- (b) maximum internal dimensions of 7.0 metres in length by 3.0 metres in width, with a water depth of between 1.5 metres and 1.8 metres;
- (c) a filtration and sanitisation system, being a salt chlorination system or equivalent;
- (d) a solar tube heating system installed to the roof of the Home;
- (e) tiled pool interior in ceramic mosaic tiles, from the Builder's standard range;
- (f) tiled pool coping edge in bluestone, 300mm deep, from the Builder's standard range;
- (g) powder-coated aluminium pool safety barrier and gate, compliant with the Building Regulations 2018 (Vic) and the applicable Australian Standard; and
- (h) chemical start-up and commissioning of the pool.
33.2 The pool will be installed to level or flat ground. Where the Site is not level, clause 35 applies.
34. What is not included
34.1 The Offer does not include, and the Owner is responsible for the cost of, any of the following:
- (a) steps, ladders, spa, swim jets, seats, benches, beach or wet-edge entries, ledges, or any other pool interior feature not expressly listed in clause 33.1;
- (b) in-floor cleaning systems, robotic or automatic cleaners, or any other cleaning equipment;
- (c) gas heating, heat pump heating, or any heating system other than the solar tube system described in clause 33.1(d);
- (d) pool covers, cover rollers or blankets;
- (e) paving, decking, landscaping, retaining walls or surface treatment to the pool perimeter, beyond the bluestone coping described in clause 33.1(f);
- (f) water to fill the pool. The pool will be filled using the Owner's mains water supply, at the Owner's cost;
- (g) lighting, water features, automation, remote control systems, or any upgrade to the filtration or sanitisation system beyond that described in clause 33.1(c);
- (h) pool registration fees, barrier compliance inspection fees and certificate fees payable to the relevant council;
- (i) ongoing running costs, including electricity, water, chemicals, servicing and maintenance; and
- (j) any other pool feature, accessory, equipment or finish not expressly listed in clause 33.1.
35. Site conditions
35.1 The Offer assumes that the Site is suitable for construction of the pool described in clause 33.1 without additional work. The Offer does not include the cost of, and the Owner is responsible for, any additional work required by reason of:
- (a) rock, fill, contaminated soil, groundwater or other latent site conditions;
- (b) a sloping Site requiring cut, fill, retaining or suspended slab construction;
- (c) restricted site access preventing the use of standard plant and equipment;
- (d) the presence of easements, services, drainage assets or significant vegetation requiring relocation, protection or removal;
- (e) soil classification requiring engineering design beyond the Builder's standard pool design; or
- (f) any requirement imposed by a relevant authority as a condition of a permit.
35.2 Before commencing pool construction, the Builder will give the Owner a written assessment of any additional work required under clause 35.1 and the cost of that work. The Owner may elect to:
- (a) proceed with the additional work, in which case it must be documented as a variation under the Building Contract; or
- (b) not proceed with the pool, in which case clause 9 (substitution) applies.
35.3 If the Site cannot accommodate a pool of the dimensions specified in clause 33.1, the Builder will consult the Owner and may offer a pool of reduced dimensions or, at the Owner's election, clause 9 (substitution) applies.
36. Permits, compliance and the Owner's obligations
36.1 The Builder will obtain the building permit required for construction of the pool and barrier, and will arrange the final inspection required under theBuilding Act 1993 (Vic).
36.2 The Owner must register the pool with the relevant council within 30 days after the issue of the occupancy permit or certificate of final inspection for the pool, as required by the Building Regulations 2018 (Vic). Registration is the Owner's legal obligation. Failure to register may result in penalties.
36.3 The Owner must lodge a barrier compliance certificate with the relevant council on registration, and must obtain and lodge a new compliance certificate every four years thereafter, at the Owner's cost.
36.4 The Owner must maintain the pool safety barrier in compliance with the Building Regulations 2018 (Vic) at all times.
36.5 The Builder is not liable for any penalty, fine, loss or liability arising from the Owner's failure to comply with clauses 36.2 to 36.4.
37. Warranties applying to the pool
37.1 The pool forms part of the Works under the Building Contract. The statutory warranties implied by section 8 of the Domestic Building Contracts Act 1995 (Vic) and the consumer guarantees under the ACL apply to it.
37.2 Pool equipment, including the filtration system and solar heating system, carries the relevant manufacturer's warranty. The Builder will provide the Owner with copies of those warranties at Handover.
38. Specific conditions
38.1 This Offer is available only where the Home is both designed and constructed by the Builder, to the Bespoke Specification.
38.2 This Offer is limited to the number of places stated in clause 6.1.
38.3 The pool will be completed and commissioned at or before Handover of the Home.
Schedule 4 — Motor Vehicle Offer
("Range Rover")
39. The Offer
39.1 Subject to these Terms and Conditions, the Builder will supply to the Owner one motor vehicle meeting the description in clause 40.
40. Vehicle specification
40.1 The vehicle is a Range Rover Velar P250, in white, grey or black.
40.2 The vehicle will be either new or a dealer demonstration model with no more than 2,000 kilometres recorded on the odometer.
40.3 The vehicle is supplied in the manufacturer's standard specification for that model. No optional extras, accessories or aftermarket modifications are included.
40.4 The availability of the vehicle is subject to supply by the manufacturer and its authorised dealers.
40.5 The Builder will consult the Owner as to colour where more than one of the colours listed in clause 40.1 is available at the time of ordering. Where only one colour is available, the vehicle will be supplied in that colour. The Builder will act reasonably in selecting the colour and will not select a colour the Owner has expressly rejected in writing, provided an alternative listed colour is available.
40.6 If the model described in clause 40.1 is discontinued or is not reasonably available at the time of ordering, clause 9 (substitution) applies.
41. What is included
41.1 The Offer includes:
- (a) the vehicle described in clause 40;
- (b) registration of the vehicle in Victoria in the Owner's name for a period of 12 months from the date of delivery;
- (c) compulsory third party insurance for that 12 month period, being the insurance compulsorily payable with Victorian registration.
41.2 The Builder will pay any stamp duty, luxury car tax and dealer delivery charges payable on the initial supply of the vehicle and its first registration in the Owner's name.
41.3 Comprehensive motor vehicle insurance is not included. The Owner is responsible for arranging and paying for comprehensive insurance from the date of delivery.
42. What is not included
42.1 The Owner is responsible for, and the Offer does not include:
- (a) all registration, insurance and compulsory third party costs after the 12 month period described in clause 41.1;
- (b) comprehensive motor vehicle insurance, any insurance excess payable under a claim, and any increase in premium arising from the Owner's claims history, nominated drivers or circumstances;
- (c) servicing, maintenance, repairs, tyres, fuel, tolls, parking and fines;
- (d) any extended warranty, service plan or roadside assistance beyond that supplied by the manufacturer as standard; and
- (e) any cost of transporting the vehicle other than the initial delivery described in clause 43.
42.2 The Owner must hold a current Australian driver licence and must comply with all conditions of registration. The Builder is not responsible for the Owner's ability to obtain motor vehicle insurance on any particular terms.
43. Delivery
43.1 The vehicle will be delivered to the Owner and, where practicable, parked in the garage of the Home.
43.2 Delivery will occur at or immediately following Handover, and only once:
- (a) the Occupancy Permit has been issued for the Home;
- (b) all amounts payable by the Owner under the Design Agreement and the Building Contract have been paid in full in cleared funds; and
- (c) the Owner has provided the Builder with the information reasonably required to effect registration and insurance in the Owner's name, including a copy of a current Australian driver licence.
43.3 Title to and risk in the vehicle pass to the Owner on delivery.
43.4 The Owner must take delivery of the vehicle within 20 Business Days of being notified that it is available. If the Owner does not do so, the Builder may, after giving the Owner 5 Business Days' written notice, store the vehicle at the Owner's cost and risk.
44. Vehicle warranty and liability
44.1 The vehicle is covered by the manufacturer's new vehicle warranty and by the consumer guarantees under the ACL.
44.2 The Builder is not the manufacturer, importer or authorised dealer of the vehicle. Claims in respect of the condition, quality or performance of the vehicle must be directed to the manufacturer or the supplying dealer. This clause does not limit any liability the Builder has under the ACL as a supplier of the vehicle.
45. Taxation
45.1 The Owner is responsible for any taxation liability arising from receipt of the vehicle. Receipt of a motor vehicle in these circumstances may have income tax, capital gains tax, fringe benefits tax or GST consequences, particularly where the Owner is a company, trust, partnership or is carrying on a business, or where the vehicle is used for business purposes. The Owner should obtain independent taxation advice before accepting this Offer.
45.2 The Builder makes no representation as to the taxation treatment of the vehicle.
46. Specific conditions
46.1 This Offer is non-transferable in any form. The vehicle will be registered in the name of the Owner named in the Building Contract only.
46.2 This Offer is available only where the Home is both designed and constructed by the Builder, to the Bespoke Specification.
46.3 This Offer is limited to the number of places stated in clause 6.1.
46.4 If the Owner fails to pay any amount due and payable under the Design Agreement or the Building Contract, and that failure continues for 14 days after the Builder has given the Owner written notice requiring payment, this Offer is void and cannot be redeemed. Clause 12.3 also applies.
Hill and Muller Pty Ltd (ABN 70 886 504 046) trading as Hampton Homes Melbourne · Registered Building Practitioner CDB-U 51472 · 697 Whitehorse Road, Mont Albert, Victoria 3127
