Baku Homes Terms of Use
General
When you view and use this website (Website) provided by Baku Homes Pty Ltd (we, us, our), you acknowledge that you have read and understood these terms and conditions (Terms) and agree to be bound by them.
Acceptable Use
Unless otherwise permitted by law, you may only use or access this Website for personal use.
When using this Website, you must not breach any laws, infringe any person’s rights (including ours), interfere with other users of this Website; or defame, offend or harass anyone.
If you provide information on this Website, you must provide accurate, honest, current and complete information (and update the information as appropriate).
If we believe that you have not complied with these Terms, we may immediately cancel or terminate your access to or use of this Website or otherwise restrict your use of this Website, without notice and without liability to you.
Ownership, Copyright and Trade Marks
The text, images, designs, graphics, pictures, applications, software, music, sound, video and animation files, and their arrangement on this Website (Content) are all subject to copyright and other intellectual property protection laws and treaties in Australia and other countries, including but not limited to the Copyright Act 1968 (Cth). We are the owner or licensee of all Content. Apart from any use that is permitted by law all rights are reserved and Content may not be copied, reproduced, modified, adapted, transmitted, performed, published, licensed or distributed without our express consent.
This site includes trade marks, whether registered or unregistered. Unless otherwise indicated, all trade marks displayed on this website are subject to the trade mark rights of their owner.
Accuracy of Information
We try to ensure that all Content is correct. To the extent permitted by law, we will not be responsible for any errors or omissions in any Content.
We provide information given to us by third parties on an “as is” basis and we are not responsible for ensuring that that content is accurate, complete or suitable for you.
Unless we do so expressly, we do not endorse or recommend any product or service provided by a third party featured on this Website.
You agree to evaluate the suitability, currency, accuracy and completeness of Content before you rely upon it.
Your Information
Any personal information you provide to us will be collected, used and stored for the purpose of providing information to you about our products or services or as otherwise stated at the point of collection or in our Privacy Policy.
Security
We try to make this Website secure. You must not violate or attempt to violate the security of this Website. You must not: access data that is not intended for you or which you are not authorised to access; pretend that you are someone else; pretend that you represent someone who you do not actually represent; probe, scan or test a system or network to breach security or authentication measures; access, acquire, copy or monitor any Content without our authorisation; impose an unreasonable load on our systems or networks; or attempt to obtain goods or services to which you are not entitled.
25 Year Structural Guarantee
This 25 Year Structural Guarantee (Guarantee) is provided by Baku Homes Pty Ltd trading as Baku Homes (‘Baku Homes’):
Address: Melbourn Victoria
Email: customerservice@bakuhomes.com.au
Phone: 03 1234 5678
This Guarantee applies to all Master Builders – HC 6 New Homes Contracts signed with Baku Homes.
Baku Homes provides this Guarantee to the contracting party only, and specifically excludes any subsequent purchaser, owner or beneficiary of the house and/or property the subject of the contract with Baku Homes.
In this section, “we”, “our” and “us” means Baku Homes and “you” or “your” refers to the person who has entered into the contract with Baku Homes.
Terms which are capitalised in this document and defined in the Master Builders – HC 6 New Homes Contracts signed with Baku Homes bear the same meaning as in the Master Builders – HC 6 New Homes Contracts signed with Baku Homes.
This Guarantee is subject to the terms below.
1. 25 Year Structural Guarantee
The Guarantee is included as part of your Building Contract.
2. Commencement of the Guarantee
The Guarantee commences on the date of execution of the Contract for your new home and continues for 25 years from that date.
3. Guarantee Cannot be Transferred
The Guarantee is only available to the first purchaser of a home built by us and is not transferable or assignable to any subsequent owners of the home.
4. Structural Failures Covered by the Guarantee
The Guarantee covers a structural failure when one of the following structural elements constructed or installed by us causes damage equal to or greater than ‘Damage Category 3’ as defined in AS2870 Residential Slabs and Footings and has been confirmed by an engineer retained by us:
- Load bearing masonry – as defined in AS 4773.1-2010;
- Footing systems – as defined in AS 2870-2010; and
- Structural timbers and steel in wall or roof framing – as defined in AS 1684-1999.
5. What the Guarantee Does Not Cover (Exclusions)
Any structural damage or failure caused to any structural element identified in clause 4, by one or more of the following events or items will void this Guarantee in its entirety:
- Any structural changes to the home after construction, including renovations, extensions, pool or landscaping works for which a building permit is required (‘Subsequent Works’);
- Excessive loading on the building beyond design limits;
- Any attempted repair of a structural failure;
- Damage caused by criminal acts such as terrorism or vandalism;
- Damage related to trees or root systems;
- Minor cracking due to normal settling;
- Neglect or misuse after completion;
- Damage caused by natural disasters or acts of God;
- Termite damage if not properly inspected and treated;
- Poor drainage or plumbing related damage;
- Site conditions outside our control during construction.
If any exclusions apply, the entire Guarantee is voided for affected elements.
6. Fixing Structural Failures Covered by Our Guarantee
Subject to clause 7, Baku Homes will bear the cost of fixing any structural failures listed in clause 4.
7. Claiming on the Guarantee
To claim, you must:
- Submit a claim in writing within 30 calendar days of identifying the structural failure, by post or email to the address above.
- Provide unfettered access for inspections.
- Failure to comply voids the Guarantee.
If validated, rectification will begin within a reasonable time at our cost.
8. Other Guarantees
Non-excludable statutory guarantees under Australian Consumer Law and Domestic Building Contracts Act 1995 (Vic) apply and are not replaced or excluded by this Guarantee.
9. Finding Australian Standards
Australian Standards referenced can be found and purchased at SAI Global. Please visit their website to search for relevant standards.
Changes to These Terms
We reserve the right to change or modify all or any part of these Terms at any time, effective immediately upon notification on this Website.
