Terms & Conditions

JAC HOMES WEBSITE TERMS AND CONDITIONS

Please take the time to read these terms and conditions.  By using Our Website and the Services and information offered on Our Website, you are agreeing to these terms and conditions.

If you purchase products through our Website, there will be additional terms and conditions relating to the purchase.  Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.

Definitions

the Website means the website at http://jachomes.com.au/

We / Us etc means John Austin Constructions Trading As JAC Homes and any subsidiaries, affiliates, employees, officers, agents or assigns.

Accuracy of content

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this Website should not take the place of professional advice. 

Use

The Website is made available for your use on your acceptance and compliance with these terms and conditions.  By using this Website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services. 

If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason.

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
Indemnification for loss or damage.

You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

Intellectual property and copyrights

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law.  Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a Licence Agreement. 

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:

sales@jachomes.com.au

Trademarks

The trademarks and logos contained on this Website are trademarks of John Austin Constructions Pty Ltd. Use of these trademarks is strictly prohibited except with Our express, written consent.

Links to external websites

This Website may contain links that direct you outside of this Website.  These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service.  We accept no liability for loss or damage arising out of or in connection to your use of these sites. 

You may link to our articles or home page.  However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing.  We may withdraw our consent to you linking to our site at any time by notice to you.

Limitation of Liability

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services.  Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.  Further, all of our Services are provided without a warranty with the exception of any warranties provided by law.  We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Information Collection

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.  By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.  To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

Confidentiality


All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.  However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of SA, Australia.  Any disputes concerning this website are to be resolved by the courts having jurisdiction in SA.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Other terms

All plans are copyright. All prices are GST inclusive. Prices and specifications accurate at the time of publication and subject to change without notice.

All photos, illustrations and plans represented are for illustration purposes only and sizes are approximate.

Some display homes feature specification upgrades and design alterations which are not included in the base price. JAC Homes reserves the right to alter and change designs without notice.

This pricing is based on the client providing a cleared, level or cut building platform prior to construction and within 40 km of Murray Bridge GPO. Bush fire, energy efficiency assessments and ocean corrosion protection costs will be forwarded to the client after individual assessment.

Fixed price footings does not allow for special planning requirements and rock digging or collapsible soils.

Payment by Credit Card Surcharge

Should a client choose to pay monies to JAC Homes via our EFTPOS terminal by credit card, a surcharge of 2% will apply.

On Time Guarantee

JAC Homes guarantees to complete the construction of your home on time as agreed in your Housing Industry Association (HIA) Building Agreement (subject to any inclement weather, holiday period closure, variations to contract or other permissible time extensions that are beyond our control) or we will pay you for every day we run over that agreed time-period.

From site commencement, right through to practical completion, we will take responsibility for ensuring that the construction of your home is given the priority it deserves, and we are committed to delivering your new home to you when we say we will.

Terms of the Fixed Build Time

Should your home qualify, then JAC Homes will guarantee to complete the construction of your home within the agreed time-frame from commencing its construction (as described below) (Guaranteed build time). Working week means normal trading hours excluding weekends and business and public holidays.

However, where the progress of construction is delayed by an outside party, client supplied trades or fixtures, fittings or appliances, client variations, delay payment or act of God, your home will no longer be eligible for the Fixed Build Time.

Construction commences from slab pour. Construction of a house concludes on the day that JAC Homes delivers a Practical Completion Certificate in accordance with the Building Contract.

Effect of Breech of the Fixed Build Time

If the agreed build time is not met JAC Homes will pay you $300 for each complete week from the expiration of the agreed Fixed Build Time until the day construction of the house concludes for a maximum of six (6) weeks. Such payment will be the full extent of JAC Home’s liability to you for failing to meet the agreed build time duration.

First Home Owners Grant
(excerpt from Revenue SA website, 16th December 2013)

The First Home Owner Grant (FHOG) is paid by the State Government to eligible first home owners. The payment is made only after an application has been submitted to and approved by RevenueSA or a financial institution authorised by RevenueSA to process applications.

The FHOG applies to the purchase or construction of a residential property, including a house, flat, unit, townhouse or apartment that meets local planning standards anywhere in South Australia. The FHOG currently applies to both new and established homes, but will cease for established homes from 1 July 2014.

The residential property must be occupied as each applicant’s principal place of residence property for a continuous period of at least six months commencing within 12 months of date of settlement for contracts to purchase, or the date construction is completed for owner builders or contracts to build.

Visit revenuesa.sa.gov.au for more details.

After Sales Care

When it’s time to move in, we provide you with Handover Pack which contains warranties and practical information. During handover, we talk to you about your home, and how to maintain the property so it always presents beautifully.

We realise it may take more than three months to properly settle into your new home. That’s why we offer a 6 MONTH maintenance period, double the time of other builders.

We know peace of mind is important. If you can’t feel safe in your own home – where can you? That’s why all JAC Homes come with a 50 YEAR Structural Guarantee. Again, double the time offered by other builders.

6 Month Maintenance/Defects Liability Period

6 months after Practical Completion, JAC Homes will carry out a maintenance service at your home. This service is at no charge to the Homeowner.
We require the Homeowner to complete the Maintenance Report Sheet/Defects Liability Form & send it to us by the due date (which is 6 months after Practical Completion).

•    This form will be provided to you at handover & should be in your handover pack from JAC Homes.

•    Once we receive your Maintenance Report Sheet/Defects Liability Form from you, we will send you written confirmation that we have received it. If you have not received a confirmation letter within 10 days of submitting your form, we suggest you contact our office to ensure that is has not been lost through the post or email/fax
transmission.

•    Upon receipt we will also issue an inspection to the Supervisor who will contact you to arrange a time to view your concerns. Once the Supervisor has inspected, they will confirm what work we will carry out at your home.

•    They will complete an inspection report which you will either receive a copy of onsite and/or a letter will be sent to you to confirm the Supervisor’s findings.

•    As well as the client receiving a copy of the inspection report, a copy is also submitted to JAC Homes will issue work orders to the specific subcontractors/companies as necessary.

•    The Subcontractors/Companies will call you directly to arrange a suitable date/time to attend site & carry out the work.

•    Please note that damaged items may not be rectified unless they are noted as outstanding on your Record of Practical Completion Inspection (PCI), which was provided to you when your Practical Completion inspection was carried out by JAC Homes (prior to Handover).

All defects will be subject to specific industry standard tolerances.

5 year Structural Warranty

Each home is offered a standard 5 year Warranty dated from Practical Completion. This warranty covers Structural Items. There are specific industry standard tolerances which may apply to your item of concern.

50-Year Structural Warranty

At JAC Homes 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 50-Year Structural Warranty is specific to the initial purchaser and is not transferable to new owners of the home.

JAC Homes 50-Year Structural Warranty is separate from and in addition to any applicable statutory warranty periods.

JAC Homes’s responsibility

We will rectify at our cost defects requiring rectification pursuant to the Building Code of Australia and any relevant Australian Standards, where it is proven to be the builder’s fault, including but not limited to the following:

•    foundation systems, concrete and or strip footing as specified in Australian Standard AS 2870 (Residential slabs and footing – Construction);
•    structural timbers and steel in wall or roof framing as specified in Australian Standard AS 1684 (Residential timber-framed construction); and
•    load bearing brickwork as specified in Australian Standard AS 4773 (Masonry in small buildings).

Your responsibility

It is a condition of the JAC Homes 50-Year Structural Warranty that you maintain your home in accordance with the ‘JAC Homes Home Maintenance Guide’ and the CSIRO’s ‘Guide to Home Owners on Foundation Maintenance and Footing Performance’, copies of which are provided to you at handover. If you do not do so, this will void your 50-Year Structural Warranty.  The ‘JAC Homes Home Maintenance Guide’ is also available for download here.

Exclusions

The JAC Homes 50-Year Structural Warranty 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 or an act of God;
•    Damage caused by trees growing near the footing of your home;
•    Excess water use near the footing of your home;
•    Fair wear and tear;
•    Misuse or neglect;
•    Minor cracking (as defined in AS 2870, 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;
•    Any defects repaired or modified by unqualified or unauthorised personnel;
•    Any structural failure caused by anything other than our faulty workmanship or our negligent supply of defective materials;
•    Any unforeseen influences that the builder may not have been aware of.

For the avoidance of doubt this structural warranty does not cover items of a non-structural nature such as any marks or scratches to bench tops, vanities etc. in addition to any appliances installed in your home. Please refer to the product manufacturer for details of any relevant warranties.

Who is eligible to make a claim under the 50-Year Structural Warranty?

The JAC Homes 50-Year Structural Warranty is provided to the initial purchaser of any home constructed by JAC Homes where the claim is made no later than 50 years after the date of settlement of the contract. The 50-Year Structural Warranty is not transferable.

House and Land Packages

Subject to availability.

All plans are copyright.

All images and plans shown are for illustrative purposes only.

Floor plans will vary according to façade type and all sizes are approximate.

JAC Homes reserves the right to alter designs and pricing without notice.

All prices are GST inclusive and are subject to siteworks and footings requirements, council approval and energy efficiency assessment.

Refer to each home and land package for registered land agent RLA.

Land developer terms and conditions apply.

All home and land packages are subject to Council and developer approvals.

Refer to each package for selling agent details

Refer and Reward Program

At JAC Homes, we are proud of the quality homes we have built over many years.

We know our success depends on delighting our homeowners by providing a memorable experience and an exceptional home.

We work hard to build lasting relationships with our homeowners and we appreciate the referrals they give us.  So, we decided it’s time to give something back. Here is how it works…

Refer a friend and you (and the friend) could get $500.

First, recommend someone you know to JAC Homes. Then (and this is very important), be sure to tell your friend to register the referral with us during their first visit to one of our sales team. If the person you recommend purchases one of our homes, you become a member of the JAC Homes Network and receive a cash gift of $500. The person you referred also receives $500.

Returning Client Referral

Do you want to take the JAC Homes Journey again? Build another home with us and receive $1,000 in upgrades during our design consultation.
Print off the JAC Homes Referral Rewards form.

Complete your information, sign it, and give to your friend or family member.

Only one referring homeowner per new contract.

The Referral form MUST BE PRESENTED with the initial Sales Contract offer.

You’ll receive your Cheque by mail.

Free Bathroom Upgrades

'Free Bathroom Upgrades' promotion for a limited time only.

Only available to preliminary agreements paid and signed from 7th November 2017.

Limited to the following per contract for 1 bathroom home:

•    1 x AXA H10 oval counter basin
•    1 x Mizu Bliss extended basin mixer
•    1 x upto 1200mm x 520mm Smart stone 20mm in either Marengo or Arcadia with one taphole and one basin cut out each.
•    1 x floating vanities up to 1200mm x 520mm
•    1 x Mizu Bliss bath spout
•    1 x Mizu Bliss bath/shower mixer.
•    1 x Mizu Drift twin shower rail
•    1 x 400mm x 300mm x 75mm tiled shower niche with aluminium trim.
•    1 x Clipsal 3 in 1 fan/light/heater 6600ADS

Limited to the following per contract for 2 plus bathroom home:

•    2 x AXA H10 oval counter basin
•    2 x Mizu Bliss extended basin mixer
•    2 x upto 1200mm x 520mm Smart stone 20mm in either Marengo or Arcadia with one taphole and one basin cut out each.
•    2 x floating vanities up to 1200mm x 520mm
•    1 x Mizu Bliss bath spout
•    3 x Mizu Bliss bath/shower mixer.
•    2 x Mizu Drift twin shower rail
•    2 x 400mm x 300mm x 75mm tiled shower niche with aluminium trim.
•    2 x Clipsal 3 in 1 fan/light/heater 6600ADS

Items included in promotion are subject to availability and may change without notice.

Images used in promotion advertising are indicative only and may change without notice.

Promotion concludes on 30th November 2017

Subject to qualification. E&OE.

Contact Us


Email –     sales@jachomes.com.au

Phone –     08 8531 2286

Poastal –    PO Box 3009
        Murray Bridge  SA  5253

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