Terms & Conditions
Any virtual reality tours we provide to you are for illustrative purposes only, and any measurements or specifications are approximate. We do not warrant that the home we build will align with any specifications shown in a virtual reality tour.
Intellectual Property rights
Unless otherwise indicated, we own or license the content and materials on the Site (Content) and all intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on the Site (Our Intellectual Property).
We authorise you to access and use the Site solely for your own personal, non-commercial use and to display, print and download the Content onto your personal device provided that you do not remove any copyright notice included in Our Intellectual Property.
You must not use the Site, or any of the Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity and you must not use the Site, including the Content, in any way that competes with our business.
Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:
(a) copy or use, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property; or breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website or platform, or creating derivative works from Our Intellectual Property.
Information and availability
While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date. The Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses.
Conduct we don’t accept
You must not do or attempt to do anything that is unlawful, which is prohibited by applicable law, which we would consider inappropriate or which might bring us or the Site into disrepute. This includes:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(b) using the Site to defame, harass, threaten, menace or offend any person; using the Site for unlawful purposes;
(c) interfering with any user of the Site;
tampering with or modifying the Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with the Site, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Site;
(d) using the Site to send unsolicited electronic messages;
using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
(e) facilitating or assisting a third party to do any of the above acts.
Third party sites
The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.
Our liability is limited
You may have certain rights under the Australian Consumer Law in relation to the Site and the Content, and you may contact us for more information about this. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with the Site or the Content.
What happens if we discontinue the Site
We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site.
These Terms are governed by the laws of Queensland. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Changes to these Terms
We may, at any time and at our discretion, vary these Terms by publishing the varied terms on the Site. We recommend you check the Site regularly to ensure you are aware of our current terms.
These terms are between Leonard Homes Pty Ltd (ABN 71 656 907 309), (we, us or our) and you, our prospective customer (Customer), together the Parties and each a Party.
(a) All images and illustrations in the House and Land Package (Package) documents (Package Documents) are to be used as an indicative guide only and may include options not included in the standard price.
(b) The Package is only available for the specific lot and home that is advertised. 3The Package may change as a result of variations to our inclusions, requested by the Customer, or as a result of any change required by any authorities, or relevant legislation.
- Final costs, inclusions, dimensions and specifics may vary from the information provided in the Package or the Package Documents and may be varied by us without notice.
- The Package price does not include:
- stamp duty, legal fees, registration fees; and
- additional site costs incurred for rock found on any lots advertised in the Package Documents.
- The Package is subject to approval from relevant authorities.
- The Package and the Package Documents are not legal contracts and do not create any binding relationship between the Parties.
- Full testing and diligence may not be complete on the Package land when Package Documents are issued. There may be variables on the land subject to change, including, but not limited to:
- Soil/slab type;
- Slab design;
- Survey heights;
- Bush fire rating;
- Overland flow; and
- Land slide overlays.
- The Customer will be required to enter into a separate contract for the land component of the Package with the relevant land developer.
- We reserve the right to amend or withdraw the Package and the Package Documents at any time without notice, prior to the Customer entering into a final home building contract.
Definitions In this Guarantee:
We, us, or our means Leonard Homes Pty Ltd (ACN 656 907 309) and our contact details are set out at the end of this Guarantee;
You, or your means our prospective customer, or the person, organisation or entity specified in the Residential Building Contract (as applicable);
Approval means any approval, consent, permit, application, registration, licence or equivalent required to be obtained for or in connection with the Works, by any Authority;
Authority means all Commonwealth, State and local government councils, parliaments, departments, offices, bodies and instrumentalities and all public or statutory bodies, corporations, instrumentalities, authorities, persons or entities (including utilities) which govern, regulate, control or affect any aspect of the Works;
Christmas Shutdown Period means the period occurring from and including the 14 December until the 6 January.
Force Majeure Event means any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic;
Legislative Requirements means all applicable legislation, regulations, standards, codes, approvals, licenses, permits and requirements of Authorities, as relevant to the Works;
Residential Building Contract means the contract entered into between you and us for the completion of the Works; and
Works means the whole of the work to be executed in accordance with the Residential Building Contract (including any drawings, plans or specifications attached therein) and handed over to you on completion.
Consumer Law Rights
Certain legislation, including the Queensland Building and Construction Commission Act 1991 (Qld), the Home Building Act 1989 (NSW) and the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the carrying out of the Works by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
Nothing in this Guarantee excludes your Consumer Law Rights (including if the Australian Consumer Law applies to you as a consumer).
Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all materials, works and services (including the Works) are provided to you without warranties of any kind, either express or implied, whether in statute, under any Legislative Requirement or on any other basis, except where expressly set out in this Guarantee.
1.1 We provide this Guarantee to you in addition to any Consumer Law Rights
1.2 Provided that:
(a) You sign a preliminary agreement (including paying preliminary fee) with us to perform all preliminary on-site testing required by any Authority;
(b) on completion of all preliminary on-site testing, you sign the Residential Building Contract provided by us;
(c) you pay us the 5% deposit required under the Residential Building Contract, which allows us to obtain all relevant Approvals; and the deposit forms part of the overall contract price for the Residential Building Contract.
(d) all relevant Approvals have been obtained (and where applicable, signed by you), for the Works the subject of the Residential Building Contract, we can commence the Works within 8 weeks of the date that the Preliminary Agreement referred to in clause 1.2(a) is signed (8 Week Start Guarantee).
1.3 While this Guarantee (including the 8 Week Start Guarantee) does not attempt to alter your Consumer Law Rights, this Guarantee (including the 8 Week Start Guarantee) is subject to the following conditions:
(a) we will be entitled to extend the 8 Week Start Guarantee, if we are or will likely be delayed by:
i. Force Majeure Event;
ii. inclement weather, flooding or fire, including the effects of inclement weather, flooding or fire; or
iii. a Christmas Shutdown Period.
(b) the 8 Week Start Guarantee only applies to small lot designs, in other words, to a house size under 300m2;
(c) there are to be no changes to the standard floor plan for small lot designs or to our inclusions.
(d) the 8 Week Start Guarantee is subject to you obtaining all finance approvals (Finance), and us receiving copies of all relevant Approvals (including covenant approvals and land registration, which are our responsibility to obtain), and any delay in you obtaining Finance or delay by an Authority in issuing any Approvals (as the case may be) will entitle us to extend the 8 Week Start Guarantee, as determined by us.
2.1 Residential Building Contract prevails: This Guarantee is subject to the Residential Building Contract and in the event of any inconsistency or ambiguity between this Guarantee and the Residential Building Contract, the Residential Building Contract will prevail.
2.2 Governing law: This Guarantee is only valid and enforceable in Australia and is governed by the laws of Queensland.
2.3 No Assignment or transfer: This Guarantee or the benefit under this Guarantee cannot be assigned or transferred to any other person or third party.
2.4 Severance: If any provision of this Guarantee is held to be void, invalid or illegal or unenforceable in any jurisdiction, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or part of that provision) will be severed from this Guarantee without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Guarantee.
Any plans displayed on this website are indicative only, and may change at any time, without notice. Leonard Homes reserves the right to vary, alter, or withdraw all plans, in its absolute discretion. In particular, plans may change in response to the latest amendments to the National Construction Code (NCC 2022), which includes (among other things) updates around the requirements for waterproofing, energy efficiency and accessibility. For more information on the updates, please refer to https://ncc.abcb.gov.au/ncc-2022-overview-key-changes-articles.
Any projects lodged by the customer to the relevant local council authority after the date that the NCC 2022 comes into effect must be compliant with NCC 2022. All costs incurred by Leonard Homes Pty Ltd as a result of ensuring compliance with the requirements of the NCC 2022 will be at the cost of the customer and included in the final contract price. Any variations which alter a plan beyond the minimum requirements of the NCC 2022 will be considered to be an elected variation (Elected Variation) and Leonard Homes Pty Ltd will be entitled to all additional costs to comply with the Elected Variation. Examples of Elected Variations include, but are not limited to, the following:
- any changes which are not required in order to comply with the minimum requirements of the NCC 2022;
- any changes which require approval from the relevant local council authority;
- custom colouring for bricks, external render, cladding, roofs, doors, or window frames which may affect the energy efficiency requirements of the NCC 2022;
- the installation of custom materials or equipment for heating and cooling systems, hot water systems, swimming pools and the like, which may alter or are in addition to the minimum requirements for the installation of such items under the NCC 2022; and
- additional reports or assessments to alter or increase the accessibility and egress to the house or parts of the house, such as hallways and doors, bathrooms, and showers or to reinforce walls for future grab rails, beyond the minimum requirements of the NCC 2022.
All Elected Variations will be subject to approval by the relevant local council authority, and such approval will be at the sole cost of the customer. To the maximum extent permitted by law, Leonard Homes Pty Ltd will not be liable for any delays, expenses or costs suffered or incurred by the customer as a result of an Elected Variation, or any other changes to any plans depicted on this website required by, or arising from or in connection with, the latest amendments to the NCC 2022. Please contact us for the latest information in relation to available plans and pricing.
1.1. These terms and conditions (Terms) are between Leonard Homes (we, us or our) and you, our prospective customer (you or your), together the Parties and each a Party.
- 1.2. Subject to clause 1.3 and clause 2, we agree to lock the quoted price of your new home (Quote) for 12 months (Offer).
- 1.3. This Offer only applies to deposits for new homes built in Queensland (Deposits) paid after 10th April 2023(Commencement Date), and continues until 31st May 2023 or until the Offer is withdrawn at our sole discretion.
- 1.4. We reserve the right to vary, terminate, suspend, or withdraw this Offer at any time without notice.
2. Conditions Precedent
2.1. Without limiting clause 1.3, this Offer is subject to the following conditions:
(a) where reasonably requested by us, you must promptly provide us with all information in relation to the site, and allow us and our personnel sufficient access to the site, and (if applicable) its surroundings, to assess the site for the purposes of preparing and finalising the Quote;
(b) you must pay us the Deposit on or after the Commencement Date for the Offer to become applicable. For the avoidance of doubt, the Deposit forms part of the 5% deposit under the contract for the design and construction of your new home (Contract);
(c) the Contract must be ordered from us within 20 calendar days of your payment of the Deposit;
(d) the Contract must be signed within 2 calendar months of the payment of the Deposit;
(e) if applicable, the balance of the 5% deposit must be paid to us within 7 days of you signing the Contract; and
(f) the works must commence by the anticipated start date under the Contract, unless the delay in the works is as a result of our default, acts or omissions.
- 3.1. The Offer is not available to existing customers.
- 3.2. The Offer does not apply to any Deposit paid before the Commencement Date.
- 3.3. The Offer does not apply to any Elected Variations after a Deposit has been paid. For the purpose of this clause, Elected Variatons means any variation, change, modification or additional item in respect of the structure, external modifications, roof, insulation, internal area, wet area, kitchen, appliances, finishes, external works or any other variaton requested by you after the Deposit has been paid.
- 4.1. We reserve the right to amend these Terms, including any Conditions Precedent (clause 2), at any time in our sole discretion, by making the updated Terms available on our website.
- 4.2. The Offer cannot be used in conjunction with any other offer, unless expressly agreed by us.
- 4.3. These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from these courts.
- 4.4. A reference in these Terms to ‘$’ or ‘dollars’ refers to the currency of Australia from time to time. A reference to time in these Terms is to local time in Queensland.
OFFER TERMS AND CONDITIONS
Leonard Homes Builder Boost
we, us, our orPromoter
Applicable company which you are engaged with:
Leonard Homes Pty Ltd (ACN 656 907 309), Leonard Homes Brisbane South (ABN 89 003 700 326), Leonard Homes Brisbane West (98 622 318 772), Leonard Homes Gold Coast (ABN 82 614 389 632).
If you receive the First Home Owner Grant from the Queensland Government, we will provide you a $10,000 discount off the total contract value of your house.
Start Date: 1 December 2023
End Date: 1 June 2024
In order to redeem this offer, you must email us with proof that you have been successful in obtaining the Queensland Government First Home Owner Grant.
In order to qualify for the Offer:
Terms & Conditions
- Information in the Schedule forms part of these Terms and Conditions. Participation in the Offer is deemed acceptance of these Terms and Conditions.
- In these terms, a reference to you, your or a Participant is a reference to the individual participating in the Offer.
- Any capitalised terms used in these Terms & Conditions have the meaning given in the Schedule, except where stated otherwise.
Eligibility & Entry
- This Offer is open to Australians only.
- To participate in the Offer, Participants must complete the Redemption Process during the Offer Period. Claims for the Offer that do not follow the Redemption Process will not be accepted by the Promoter.
- The Offer is specified in the Schedule. The Offer is not redeemable for cash.
- The Offer is subject to the Offer Restrictions.
- Consequential Loss: Despite anything to the contrary, to the maximum extent permitted by law, neither party will be liable under these Terms & Conditions for any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. .
- Force Majeure: Neither party will be liable for any delay or failure to perform their respective obligations under these Terms and Conditions if such delay or failure is caused or contributed to by a Force Majeure Event. Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
- Liability: A party’s liability for any liability in relation to these Terms and Conditions will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to take reasonable steps to mitigate its loss.
- Costs: Participants acknowledge and agree that the Participant is solely responsible for any costs associated with claiming the Offer, including, but not limited to, any applicable taxes or charges.
- Where the Offer comprises fully or partly of a third party service or product, Participant’s may be required to accept that third party’s terms prior to accepting the Offer. The Participant will be notified of any applicable terms prior to being able to accept the Offer.
- Currency: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Offer is relating to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.
- Amendments: These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority.
- Jurisdiction: These Terms and Conditions are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
- Dispute Resolution: In the event of a dispute, Entrants must contact the Promoter and attempt to resolve the dispute in good faith. If the matter can’t be resolved, either party may refer the matter to a mediator. The costs of the mediation will be shared equally between the parties.
- Last updated: 28 November 2023