Terms and Conditions

Since 1976, Emaar has been building quality homes for Australian families. We have worked hard to maintain our commitment to excellence in design, construction, quality, and customer care. Through hard work, we have become one of Australia’s leading home builders.

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 Lifetime Structural Guarantee is specific to the owners named in the building contract and is not transferable to subsequent owners of the home. This Lifetime Structural Guarantee applies to many of our new home building contracts signed after 1 January 2019.

Where we refer in this document to “We”, “Our” or “Us”; this refers to Emaar Homes Pty Ltd or if your home is built in Queensland, Emaar Homes QLD Pty Ltd.

Where we refer in this document to “You”, “Your”; this refers to the owners named in the building contract.

Emaar’s Responsibility

We will rectify at our cost the structural failure of any of the following:

• Foundation systems, concrete and/or strip footing pursuant to the Building Code of Australia and all relevant Australian Standards including AS 2870, Appendix B.
• Structural failure is defined as ‘Damage Category 3’ or higher (AS 2870) for a structural failure to exist.
• Structural timbers and steel in wall or roof framing where structural failure is defined pursuant to the Building Code of Australia and all relevant Australian Standards including AS 1684.
• Load-bearing brickwork where structural failure is defined pursuant to the Building Code of Australia and all relevant Australian Standards including AS 4773.

Detailed information about Australian Standards (AS) can be found by visiting the Standards Web Shop at www.saiglobal.com.au and searching for the relevant Standards.

Your Responsibility

You are required to maintain your own home in accordance with the documents provided to you as part of your building contract documentation and the documents set out in the table below (as applicable in your State) and any revisions of those documents that may be issued from time to time. If you do not do so, this will void your Lifetime Structural Guarantee.

These documents are also available from your customer support coordinator.

Exclusions

This guarantee 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, drought, or earthquake.
• Damage caused by trees growing near the footing of your home.
• Fair wear and tear.
• Misuse or neglect.
• Minor cracking (as defined in AS2870 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 after completion under the building contract.
• For the avoidance of doubt, this structural guarantee does not cover items of a non-structural nature such as any marks or scratches to bench tops, vanities, etc.

Who is Providing the Guarantee?

Eligibility to Make a Claim

The owners named in the contract for the building of any home constructed by us where the claim is made within the lifetime of the owners named in the building contract. Where the owner named in the building contract is a company, the guarantee period is 50 years from the issue of the certificate of occupancy. The Lifetime Structural Guarantee is not transferable or assignable. Excludes Everyone Homes, a division of Emaar.

• Note 1: Effective on new sales from 12 December 2022, TownLiving by Emaar homes in Victoria are excluded and the Lifetime Structural Guarantee does not apply.
• Note 2: Porter Davis customer builds being completed by Emaar are also excluded and the Lifetime Structural Guarantee does not apply.

A copy of the Lifetime Structural Guarantee is bound into your Building Contract for easy reference.

How to Make a Claim

1. Outline your request in writing and send it to us via post or email at the address on this document.
2. Upon receipt of your claim:
   1. We will review your request and inspect your property to determine whether there is a structural failure that meets the requirements of this guarantee.
   2. We will respond in writing to you and outline the outcome of the assessment.
   3. Where the structural failure meets the requirements of this guarantee, we will commence rectification works within a reasonable period of time at our cost.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Where we are responsible and capable of repair, we will repair the goods. Where it is not capable of repair, we will replace the goods to the extent necessary to rectify the structural failure.

With regard to this guarantee, ‘goods’ refers to the structural elements of a home as referred to under the heading ‘Emaar’s responsibility’.

Where it is determined by us that there is no structural failure or that the structural failure does not meet the requirements of this guarantee (e.g., it has been caused by one or more of the items listed in the exclusion section of this document), then all rectification costs will be borne by you.

Website Terms and Conditions

These terms and conditions apply to the use of this website. By using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using this website.

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Copyright

© 2001 Emaar Homes Pty Ltd (ACN 005 108 752). Copyright in this website subsists under the Copyright Act 1968 (Cth). It is owned by Emaar Homes Pty Ltd unless otherwise stated. All rights reserved. You are provided access to this website for personal use only. You may print a copy of information contained on this website for your personal use, unless such printing is expressly prohibited. You may not on-sell or otherwise commercialize any information obtained from this website. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws or as expressly authorized by these terms and conditions, no part of this website may be otherwise reproduced, adapted, stored, distributed, printed, displayed, performed, published, communicated, or transmitted in any form or by any means or process (graphic, electronic, or mechanical, including photocopying, recording, taping, or by storage in an information retrieval system) without the specific written consent of Emaar Homes Pty Ltd.

Links to Other Websites

Links from this website to other sites beyond the control of Emaar Homes Pty Ltd are provided for the convenience of the user. Such links do not represent any official endorsement or approval of any such website, product, organization, or service. We are not responsible for the content or privacy practices of any such website.

Disclaimer of Liability

Every effort has been made to ensure the accuracy of all details within this website; however, no warranty can be given by the company or its agents regarding the accuracy, adequacy, or completeness of any information presented on the website. Intending purchasers should make their own inspections and enquiries. Photographs or artist impressions are for presentation purposes only and are indicative only. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Emaar Homes Pty Ltd accepts no responsibility for any loss, damage, cost, or expense (whether direct or indirect) suffered or incurred by you as a result of or in connection with your use of this website or any linked website or your reliance on any information contained or accessed through this website. This disclaimer does not attempt or purport to exclude liability arising under statute or law if, and to the extent, such liability cannot be lawfully excluded.

All information on the site is subject to change without notice.

Intellectual Property Policy

Emaar invests significant time, effort, and money every year designing outstanding Australian homes. We regularly receive design awards from the housing industry for these homes. Accordingly, we take our intellectual property rights very seriously. But it is not only our investment that we are trying to protect. It is also the investment that our paying customers make when they choose to design and build an Emaar home. We believe that design is important – it is valuable and it deserves to be protected. We will always protect our rights and that of our paying customers in ensuring that others don’t improperly use property that is not theirs.

As a matter of law, all plans, designs, illustrations, photos, images, or other similar material produced by Emaar, whether in printed form or represented in actual homes, are owned by Emaar. It is a breach of Emaar’s copyright for anyone to use these, whether in whole or in part, unless expressly authorized by Emaar. The most common way we authorize people to use our intellectual property is through signing a building contract with Emaar. In the event that we detect or are informed of any breach of Emaar’s intellectual property rights, we will pursue legal avenues to protect Emaar and its customers. We have enforced these rights on a number of occasions, and the remedy awarded can be for damages to be paid, and these sums can be substantial.

If you would like further information on our policy, please contact copyright@emaar.com.au and an Emaar representative will contact you. Should you believe Emaar’s rights have been infringed, we also encourage you to advise us. Should we successfully pursue the matter, there is a $1000 reward.

Home & Land Conditions

NON-FIXED Price Home & Land Conditions

• All images and illustrations are to be used as a guide only and may represent nonstandard or upgrade options that are not included in the package price.
• Land not supplied by Emaar, land developer terms and conditions apply.
• Home and Land packages are only available for the specific lot and home advertised.
• The determined house siting on the lot is at the discretion of Emaar Homes only.
• Packages may change as a result of variations to the inclusions or specifications required by the purchaser, local authority, or local, state, or federal law.
• Packages do not include stamp duty, legal fees, or any other costs incurred with the purchase.
• Unless otherwise noted, packages do not cover any bushfire, acoustic, or N3 requirements.
• Home and Land packages require an application for covenant and council approval and are therefore subject to approval prior to entering into a contract with Emaar Homes.
• Emaar is responsible for the contract of the sale of the home only.
• Customers will be required to enter into a separate contract for the land component of the package with the relevant land developer.
• Home and land packages are only available to customers who make a deposit before or on the advertised timeframe, or at the discretion of Emaar, and who enter into a final home building contract with Emaar before or on the advertised timeframe, or at the discretion of Emaar.
• Final costs, dimensions, and inclusions may vary from the information provided and may be varied by Emaar Homes without notice.
• Emaar reserves the right to withdraw any Home & Land Package at any time without notice.
• Emaar reserves the right to withdraw any Home & Land Package if the land or home becomes unavailable or sold.

FIXED Price Home & Land Conditions

• All images and illustrations are to be used as a guide only and may represent nonstandard or upgrade options that are not included in the package price.
• Land not supplied by Emaar, land developer terms and conditions apply.
• Home and Land packages are only available for the specific lot and home advertised.
• The determined house siting on the lot is at the discretion of Emaar Homes only.
• Packages may change as a result of variations to the inclusions or specifications required by the purchaser.
• Packages do not include stamp duty, legal fees, or any other costs incurred with the purchase.
• Unless otherwise noted, packages do not cover any bushfire, acoustic, or N3 requirements.
• Home and Land packages require an application for covenant and council approval and are therefore subject to approval prior to entering into a contract with Emaar Homes.
• Emaar is responsible for the contract of the sale of the home only.
• Customers will be required to enter into a separate contract for the land component of the package with the relevant land developer.
• Home and land packages are only available to customers who make a deposit before or on the advertised timeframe, or at the discretion of Emaar, and who enter into a final home building contract with Emaar before or on the advertised timeframe, or at the discretion of Emaar.
• Final costs, dimensions, and inclusions may vary from the information provided and may be varied by Emaar Homes without notice.
• Emaar reserves the right to withdraw any Home & Land Package at any time without notice.
• Emaar reserves the right to withdraw any Home & Land Package if the land or home becomes unavailable or sold.

General Limitations

• All Home and Land packages are not eligible to apply for advertised promotions where a home is purchased outside of any package arrangement.

Promotions

Emaar’s "Can we help you on your new home building journey" Survey Promotion

Promotion Name

Dream Home Survey Promotion

Promotion Type

Consumer and Trade Promotion

Promoter

Emaar Homes Pty Ltd (ABN 55 201 276 124) of 501 Blackburn Road, Mount Waverley (03) 9915 5555

Relevant States

Open to New South Wales, Victoria, Queensland, and South Australia residents only.

Entry Restrictions

• Entrants must be Australian residents 18 years of age or older.
• Employees, directors (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.

Promotion Period

The Promotion starts on 22 May 2024 at 9:00am AEST.
The Promotion closes on 18 July 2024 at 5:00pm AEST.
No entries will be accepted after the Promotion closes.
The last draw will occur on 24 June 2024 to ensure a potential final re-draw to occur on 25 June 2024.

Verification Requirements

Entrants may be required to provide proof of identity and residency.

Entry Procedure – Prize Draw

Entry is open to residents of NSW, VIC, QLD, and SA who have completed the relevant “Emaar visitor survey” via the Emaar website between 9:00am (AEST) 22 May 2024 & 5:00pm (AEST) 24 June 2024.
Entries into the prize draw are dependent upon completing the customer survey and providing the requested contact information.

Maximum Number of Entries

One per month. Multiple entries are not permitted.

Draw Details

The draw will take place at 09:00am AEDST on 24 June 2024.
The first valid entry drawn will win a $500 Bed, Bath’N’Table voucher.

Prize Draw Location:
Freeform Strategy Pty Ltd
L2, 696 Bourke Street, Victoria VIC 3000

Draw Method: Random Electronic

Prize Details

There is a single prize for each individual prize draw. We will be offering a $500 Bed, Bath’N’Table gift voucher. However, should the prize be changed, the total maximum cost of the prize will not exceed $1000.
Furthermore, the total prize pool over the 12 months will not exceed $100,000.

Prize Restrictions

Prizes are not transferable or exchangeable and cannot be redeemed as cash. The Promoter’s decision is final, and no correspondence will be entered into.

Notification of Winners

The winner will be notified by email and SMS within 2 days of the prize draw.

Prize Claim Dates and Unclaimed Prize Arrangements

Prizes must be claimed within three months of the Prize Draw. In the event of an unclaimed gift voucher, a second chance winner will be drawn at 9am, two months on from the original prize draw date. Any second chance draw winner will be contacted by email within 2 days of the draw.

Collection of Entrants Personal Information

The Promoter will collect your personal information pursuant to this Promotion in order to conduct the Prize Draw only.