Terms & Conditions
1. Definitions
In these Terms:
(a) Building Contract means an unconditional domestic building contract between a Builder and a Purchaser for the construction of a residential dwelling on the Eligible Lot;
(b) Builder means a builder noted in a Building Contract;
(c) Building Rebate means $15,000 inclusive of GST, payable by Huntly as the Purchaser elects as follows:
(1) by way of an adjustment in favour of the Purchaser at Settlement; or
(2) directly to the Purchaser’s nominated account following Settlement; or
(3) directly to the Builder.
For the avoidance of any doubt, the Building Rebate is a not a price reduction under the Contract;
(d) Certificate of Occupancy means an occupancy permit issued under the Building Act 1993 (VIC) in respect of an Eligible Lot;
(e) Contract means a valid contract of sale for an Eligible Lot between Huntly and a Purchaser;
(f) Construction Period means the period between Settlement and the date that the Certificate of Occupancy is issued in respect of an Eligible Lot;
(g) Deposit means the deposit payable by a Purchaser under the Contract;
(h) Development means Provenance Estate, Midland Highway, Bagshot 3551;
(i) Due Date means the settlement date under a Contract;
(j) Eligibility Criteria means the requirements set out clauses 2.2 – 2.4 (inclusive) of these Terms which a Purchaser must satisfy to be eligible to receive the Rebates;
(k) Eligible Lots means selected residential lots within Stage 8 of the Development. “Eligible Lot” has the corresponding singular meaning;
(l) Huntly means Huntly Property Holdings Pty Ltd ACN 612 975 407. “Us” and “we” and also has the same meaning;
(m) Landscaping Contractor means a landscaping contractor approved by Huntly (acting reasonably), to complete the landscaping on an Eligible Lot in accordance with clause 2.4;
(n) Landscaping Rebate means $7,000 inclusive of GST, payable to a Landscaping Contractor by Huntly;
(o) Purchaser means the purchaser of an Eligible Lot;
(p) Promotion Period means the period commencing on 9am (AEST) on 17 September 2024 until 5pm AEST on 16 November 2024, or until such later date notified by Huntly on https://provenancebendigo.com;
(q) Rebates means the Building Rebate, Landscaping Rebate and Rent Rebate;
(r) Rent Rebate means $13,000 inclusive of GST, payable to the Purchaser’s landlord (or if clause 2.3(b) applies, to the Purchaser’s nominated account) by Huntly within fourteen (14) days of the Purchaser complying with clause 2.3;
(s) Settlement means the provision of vacant possession of the Eligible Lot to the Purchaser and the acceptance of title and payment by the Purchaser of the purchase price and all other money due to the Huntly under a Contract;
(t) Terms means these terms and conditions.
2. Eligibility
2.1 Huntly is offering the Rebates to all Purchasers who:
(a) purchase an Eligible Lot by entering into a Contract; and
(b) satisfy the Eligibility Criteria,
(Promotion) during the Promotion Period.
2.2 Huntly is offering the Rebates to all Purchasers who:
(a) enter into a Contract;
(b) pay the Deposit within seven (7) days of entering into the Contract;
(c) effect Settlement no later than the Due Date under the Contract;
(d) provide Huntly with a copy of a fully executed unconditional Building Contract; and
(e) do not:
(1) default under a Contract; or
(2) nominate an additional or substitute Purchaser under a Contract.
2.3 In order to be eligible for the Rent Rebate:
(a) if a Purchaser, during the Construction Period, has entered into or is already in a rental agreement as a tenant for a residential property:
(1) a Purchaser must provide to Huntly a copy of any rental agreement and/or lease along with the account details where the rent is payable into (Nominated Rent Account);
(2) Huntly will pay to a Purchaser:
(A) a Purchaser’s monthly rent for a period of up to six (6) months (Rent Rebate Period), to the Nominated Rent Account; and
(B) any Rent Rebate remaining after the expiry of the Rent Rebate Period to a Purchaser’s nominated account; or
(b) if a Purchaser, during the Construction Period, has not entered or will not enter into a rental agreement as a tenant for a residential property:
(1) a Purchaser must provide to Huntly proof of any living arrangements to Huntly for Huntly’s approval (acting reasonably); and
(2) Huntly will pay the Rent Rebate to a Purchaser’s nominated account.
2.4 In order to be eligible for the Landscaping Rebate, a Purchaser must:
(a) provide Huntly with a copy of the Certificate of Occupancy promptly after it is issued to the Purchaser;
(b) commence building on an Eligible Lot by a date which is no later than (6) months after Settlement;
(c)comply with the “Landscaping Works – Additional Rebate” Special Condition contained in the Contract; and
(d)complete the landscaping on the front of the Eligible Lot:
(1) by the Landscaping Contractor; ; and
(2) by a date which is no later than three (3) months after the Certificate of Occupancy is issued.
3. General
3.1 The Promotion is only valid during the Promotion Period, and is correct as at the time of publication, but may change at Huntly’s absolute discretion at any time.
3.2 The Promotion is not available in conjunction with any other Huntly promotion or offer.
3.3 Each Purchaser should contact Huntly and make appropriate enquiries in respect of the Eligible Lot and to confirm the Purchaser’s eligibility for the Promotion.
3.4 Huntly reserves the right to:
(a) cancel, extend or make changes to the Promotion at any time.
(b) withdraw any Eligible Lots from the Promotion at any time.
3.5 Huntly will not be liable for any liability, loss, damage or expense (including but not limited to direct, indirect or consequential loss or loss of profits), or death or personal injury, suffered or incurred (whether or not arising from any person’s negligence) arising out of or in connection with this Promotion except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
4. Privacy
4.1 Huntly collects personal information in order to conduct the Promotion, to assist in providing the products or services an individual has requested (if any), and to improve its products and services.
4.2 Huntly may use the information for promotional, marketing, publicity, research and profiling purposes, and may be in touch by any means (including telephone, email or SMS) at any time to let an individual know about products, services or promotional activities which may be of interest until the individual informs Huntly otherwise.
4.3 Huntly may also share individuals information with other persons or entities who assist it in providing its products or services or running competitions or trade promotions. Huntly may also disclose personal information to third parties as required by Australian regulatory authorities.
4.4 Huntly is bound by the National Privacy Principles in the Privacy Act 1988 (Cth), and by participating in the Promotion, each individual is taken to consent to Huntly’s privacy policy, which is available on request from Huntly. Participants should direct any request to access, update or correct personal information to Huntly.
Additional Special Condition – Pick Up the Trifecta at Provenance
1. Pick Up the Trifecta at Provenance Promotion
If the Day of Sale of this Contract is between 17 September 2024 and 16 November 2024, the Purchaser may (subject to satisfying the eligibility criteria set out in:- #[Insert]#) be entitled to the Pick Up the Trifecta at Provenance promotion (the terms of which are contained at #[Insert]#).
2. Landscaping Works – Additional Rebate
2.1 The Purchaser must provide landscaping works to the front of the Lot in accordance with the approved landscape plan stamped by the Provenance Design Review Panel. This is to be based on the terms provided in the Design Guidelines and/or on terms acceptable to the Provenance Design Review Panel.
2.2 The Purchaser must complete the following preparatory works prior to commencement of any landscaping works:
(a) installation of the driveway, letterbox and fencing;
(b) remove all rubbish, rubble and vegetation to the area requiring landscaping; and
(c) ensure the developer installed nature strip is clear of rubbish, rubble and vegetation.
2.3 Provided that a Certificate of Occupancy for the Purchaser’s home is issued within 24 months of Settlement, the Vendor will pay the Landscaping Contractor (as defined at Additional Special Condition 2.3(c)) the Landscaping Rebate specified in Special Condition 2.8 subject to the following conditions:
(a) the Purchaser must have provided the Provenance Design Review Panel with a copy of the Certificate of Occupancy for the Purchaser’s home within 24 months of Settlement together with a rebate request;
(b) the Purchaser must have obtained prior approval from the Provenance Design Review Panel in the form of stamped plans for the landscaping works design before commencing its landscaping works;
(c) the Purchaser must complete the landscaping works by a landscaping contractor approved by Huntly (acting reasonably) (Landscaping Contractor);
(d) the Purchaser must have completed the approved landscaping works to the front of the Lot in accordance with and on the terms approved by the Provenance Design Review Panel by a date which is no later than three (3) months after the Certificate of Occupancy is issued;
(e) the Purchaser must have given notice to the Provenance Design Review Panel to request an inspection of the landscaping works within 4 weeks after the completion of the landscaping works;
(f) the Purchaser must respond to any request by the Vendor and/or the Provenance Design Review Panel on any number of occasions for further information to verify satisfaction of anything referred to in this Special Condition, in which case the Purchaser must provide such information as is reasonably requested by the Vendor;
(g) all conditions for Landscaping and building specified in the MCP, Landscape Guidelines, fencing guideline and Premium Street Colour Scheme have been complied with; and
(h) the Provenance Design Review Panel must have issued a notice approving the completed landscaping works (Approval Notice).
2.4 The Vendor will pay the Landscaping Rebate to the Landscaping Contractor within 30 days from issue of the Approval Notice and receipt of a valid tax invoice.
2.5 The Purchaser must forward the rebate request to: The Provenance Design Review Panel pdrp@provenancebendigo.com
2.6 The Purchaser acknowledges and agrees that the Vendor’s obligations under this Additional Special Condition 2 will cease to be binding or have effect in the event of any breach by the Purchaser of any of the Restrictions or where there has been a subsequent sale of the Lot by the Purchaser or where the Purchaser fails to satisfy any of its obligations this Special Condition 2.
2.7 The Purchaser agrees and acknowledges that the Purchaser:
(a) is wholly responsible for any irrigation, watering and maintenance requirements in respect of the landscaping; and
(b) must not make any claim for compensation or any other claim in respect of the landscape works.
2.8 The Landscaping Rebate payable in accordance with this Special Condition is $8,500 for all Lots on the Proposed Plan of Subdivision.
