Terms & Conditions

Since 1976, Metricon 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 25 Year Structural Guarantee is specific to the initial purchaser and is not transferable to new owners of the home.

Where we refer in this document to “We”, “Our” or “Us”; this refers to Metricon Homes Pty Ltd.

Where we refer in this document to “You”, “Your”; this refers to the initial purchaser of the Metricon home.

Metricon’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. (infostore.saiglobal.com/store/ and search 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, in Victoria, with the New Home Guide provided at settlement (please refer to the following table for the applicable documents in your state). If you do not do so, this will void your 25 Year 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 or flooding
• 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 post settlement

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?

Who is eligible to make a claim under the 25 Year Structural Guarantee?

The initial purchaser of any home constructed by us where the claim is made no later than 25 years after the date of settlement of the contract. The 25 Year Structural Guarantee is not transferable.

A copy of the 25 Year Structural Guarantee is bound into your Building Contract for easy reference.

How to make a claim?

To make a claim under this guarantee, you are required to outline your request in writing and send it to us via post or email at the address on this document.

Upon receipt of your claim:

• We will review your request and inspect your property to determine whether there is a structural failure that meets the requirements of this guarantee
• We will respond in writing to you and outline the outcome of the assessment
• 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 ‘Metricon’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.

These terms and conditions apply to use of this web site. In using this web site, 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 web site.

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

Copyright

© 2001 Metricon Homes Pty Ltd (ACN 005 108 752). Copyright in this web site subsists under the Copyright Act 1968 (Cth). It is owned by Metricon Homes Pty Ltd unless otherwise stated. All rights reserved. You are provided access to this web site for personal use only. You may print a copy of information contained on this web site for your personal use, unless such printing is expressly prohibited. You may not on-sell or otherwise commercialise any information obtained from this web site. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws or as expressly authorised by these terms and conditions, no part of this web site 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 Metricon Homes Pty Ltd.

Links to other websites

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

Disclaimer of liability

Every effort has been made to ensure the accuracy of all details within this web site; however, no warranty can be given by the company or its agents regarding the accuracy, adequacy or completeness of any information presented in the web site. Intending purchasers should make their own inspections and enquiries. Photographs or artists 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. Metricon 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 web site or any linked web site or your reliance on any information contained or accessed through this web site. 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

Metricon 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 a Metricon 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 Metricon, whether in printed form or represented in actual homes are owned by Metricon. It is a breach of Metricon’s copyright for anyone to use these, whether in whole or in part, unless expressly authorised by Metricon. The most common way we authorise people to use our intellectual property is through signing a building contract with Metricon. In the event that we detect or are informed of any breach of Metricon’s intellectual property rights, we will pursue legal avenues to protect Metricon 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@metricon.com.au and a Metricon representative will contact you. Should you believe Metricon’s rights have been infringed, we also encourage you to advise us. Should we successfully pursue the matter, there is a $1000 reward.

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 Metricon, land developer terms and conditions apply
• Home and Land packages are only available for the specific lot and home advertised.
• Packages do not cover site costs incurred for rock found on any lots advertised in the campaign.
• The determined house siting on the lot is at the discretion of Metricon 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 Metricon Homes.
• Metricon 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 Metricon, and who enter into a final home building contract with Metricon before or on the advertised timeframe, or at the discretion of Metricon.
• Final costs, dimensions and inclusions may vary from the information provided and may be varied by Metricon homes without notice.
• Metricon reserves the right to withdraw any Home & Land Package at any time without notice.
• Metricon reserves the right to withdraw any Home & Land Package if the land or home become 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 Metricon, 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 Metricon 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 Metricon Homes.
• Metricon 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 Metricon, and who enter into a final home building contract with Metricon before or on the advertised timeframe, or at the discretion of Metricon.
• Final costs, dimensions and inclusions may vary from the information provided and may be varied by Metricon homes without notice.
• Metricon reserves the right to withdraw any Home & Land Package at any time without notice.
• Metricon reserves the right to withdraw any Home & Land Package if the land or home become 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.

These Conditions of Entry incorporate and must be read together with the Schedule for this Promotion. The Schedule prevails to the extent of any inconsistency with these Conditions of Entry. Participation in the Promotion constitutes acceptance of these Conditions of Entry.

Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, except where stated otherwise.

Eligibility

This is a consumer promotion, entry to this Promotion is open to residents of the Relevant State/s who meet the Entry Restrictions

Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or organisations associated with the Promotion are ineligible to enter. “Immediate families” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.

Entry

The Promotion will be conducted during the Promotion Period.

To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period.

Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form.

Entrants may enter the Promotion once only, multiple entries are not permitted.

Entries must be received by the Promoter during the Promotion Period. Online, SMS and other electronic entries are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the entrant.

Determining and notifying winners

The prize draw(s) will be conducted in accordance with the Draw Details. The prize(s) will be awarded to the valid entry or entries (as applicable) randomly drawn in accordance with the Prize Details.

Winners will be notified as specified in the Schedule.

Prizes

The prize(s) are specified in the Prize Details. The prize(s) are subject to any restrictions specified in the Schedule. The total prize pool is specified in the Schedule.

Claiming prizes

Prizes must be claimed by the Prize Claim Date in accordance with any claim instructions set out in the Schedule.

If a prize is not accepted or claimed by the Prize Claim Date, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the unclaimed prizes in accordance with the Unclaimed Prize Arrangements specified in the Schedule, subject to any directions given by any relevant authority. Winners of unclaimed prizes will be notified.

General

The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.

The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, and prohibit further participation by an entrant in this Promotion, if the entrant:

• fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter's satisfaction;
• tampers with or benefits from any tampering with the entry process or the operation of the Promotion;
• submits an entry which in the Promoter's opinion is not in accordance with these Conditions of Entry;
• acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person; or
• engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. 

This includes where entrants share receipts or product labels to enter the Promotion or where entrants use multiple names or addresses to register multiple entries.

Entrants must comply with the Verification Requirements. The Promoter may require entrants to provide these to the Promoter or its agent as part of the entry verification or prize claim process. Failure to provide these to the Promoter’s satisfaction will result in the relevant entry being declared invalid (and, at the Promoter’s discretion, in all of the entrant’s entries being declared invalid).

All entries will be the property of the Promoter and will not be returned.

Prizes are not transferable or exchangeable and, except for cash prizes, cannot be redeemed for cash or any other form of compensation. The value of each prize is accurate as at the time of preparation of this material. The Promoter accepts no responsibility for any variation in the value of a prize after that date. If a prize is unavailable for any reason, the Promoter may substitute it for another item of equal or higher value, subject to the approval of the relevant authorities in the Relevant State(s), if required. If a winner does not take an element of a prize at the time stipulated by the Promoter, then that element of the prize will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of that element of the Prize. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if any prize (or any part of a prize) is unavailable for any reason.

If requested by the Promoter, entrants and winners (or their companion(s), if applicable) must sign (or procure that their parent/guardian signs) an indemnity and exclusion of liability form provided by the Promoter, in favour of the Promoter and all parties involved in this Promotion and/or providing the prize, before they participate in the Promotion and/or the prize. If they or their parent/guardian do not sign that form within the time specified by the Promoter, they will not be able to participate and the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where an entry is declared invalid prior to the Prize Claim Date, the Promoter may determine a new winner in accordance with the Unclaimed Prize Arrangements.

If for any reason any aspect of this Promotion does not or is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to the approval of the relevant authorities in the Relevant State(s), if required.

A winner has rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These rights include a statutory guarantee that any services provided by the Promoter will be rendered with due care and skill and that any goods will be of acceptable quality. These Conditions of Entry do not exclude, restrict or modify those statutory rights in any way. However, to the extent that it is permitted by law to do so, the Promoter makes no representations or warranties, express or implied, other than the Australian Consumer Law, regarding the quality or suitability of the prize awarded under these Conditions or Entry and will not be responsible for breach of any such implied terms.

The Promoter’s decisions in connection with the Promotion are final and no correspondence will be entered into.

The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.

The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. The Promoter may disclose entrants' personal information to companies and agencies connected with this Promotion and to relevant authorities in the Relevant States, and the winner's name and State/Territory of residence may be published in accordance with these Conditions of Entry and is required under relevant legislation. The Promoter's privacy policy is available on the Promoter's website https://www.metricon.com.au/privacy-policy

These Conditions of Entry incorporate and must be read together with the Schedule for this Promotion. The Schedule prevails to the extent of any inconsistency with these Conditions of Entry. Participation in the Promotion constitutes acceptance of these Conditions of Entry.

Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, except where stated otherwise.

Eligibility

This is a consumer promotion, entry to this Promotion is open to residents of the Relevant State/s who meet the Entry Restrictions

Directors, management, employees, officers and contractors (and their immediate families) of the Promoter or of the agencies or organisations associated with the Promotion are ineligible to enter. “Immediate families” means spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor.

Entry

The Promotion will be conducted during the Promotion Period.

To enter the Promotion, entrants must complete the Entry Procedure during the Promotion Period.

Entries may only be submitted in accordance with the Entry Procedure and will not be accepted by the Promoter in any other form.

Entrants may enter the Promotion once only, multiple entries are not permitted.

Entries must be received by the Promoter during the Promotion Period. Online, SMS and other electronic entries are deemed to have been received at the time of receipt into the promotion database and not at the time of transmission by the entrant.

Determining and notifying winners

The prize draw(s) will be conducted in accordance with the Draw Details. The prize(s) will be awarded to the valid entry or entries (as applicable) randomly drawn in accordance with the Prize Details.

Winners will be notified as specified in the Schedule.

Prizes

The prize(s) are specified in the Prize Details. The prize(s) are subject to any restrictions specified in the Schedule. The total prize pool is specified in the Schedule.

Claiming prizes

Prizes must be claimed by the Prize Claim Date in accordance with any claim instructions set out in the Schedule.

If a prize is not accepted or claimed by the Prize Claim Date, the relevant winner’s entry will be deemed invalid and the Promoter reserves the right to distribute the unclaimed prizes in accordance with the Unclaimed Prize Arrangements specified in the Schedule, subject to any directions given by any relevant authority. Winners of unclaimed prizes will be notified.

General

The Promoter accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) any costs incurred.

The Promoter may, at its sole discretion, declare any or all entries made by an entrant invalid, and prohibit further participation by an entrant in this Promotion, if the entrant:

• fails to verify their personal details and/or eligibility to enter the Promotion to the Promoter's satisfaction;
• tampers with or benefits from any tampering with the entry process or the operation of the Promotion;
• submits an entry which in the Promoter's opinion is not in accordance with these Conditions of Entry;
• acts in a disruptive manner or with the intent to annoy, abuse, threaten or harass any other person; or
• engages in conduct in entering the Promotion which in the Promoter’s opinion is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or Promoter. 

This includes where entrants share receipts or product labels to enter the Promotion or where entrants use multiple names or addresses to register multiple entries.

Entrants must comply with the Verification Requirements. The Promoter may require entrants to provide these to the Promoter or its agent as part of the entry verification or prize claim process. Failure to provide these to the Promoter’s satisfaction will result in the relevant entry being declared invalid (and, at the Promoter’s discretion, in all of the entrant’s entries being declared invalid).

All entries will be the property of the Promoter and will not be returned.

Prizes are not transferable or exchangeable and, except for cash prizes, cannot be redeemed for cash or any other form of compensation. The value of each prize is accurate as at the time of preparation of this material. The Promoter accepts no responsibility for any variation in the value of a prize after that date. If a prize is unavailable for any reason, the Promoter may substitute it for another item of equal or higher value, subject to the approval of the relevant authorities in the Relevant State(s), if required. If a winner does not take an element of a prize at the time stipulated by the Promoter, then that element of the prize will be forfeited by the winner and neither cash nor any other form of compensation will be supplied in lieu of that element of the Prize. The Promoter accepts no other liability or responsibility for any loss incurred by a winner or any other party if any prize (or any part of a prize) is unavailable for any reason.

If requested by the Promoter, entrants and winners (or their companion(s), if applicable) must sign (or procure that their parent/guardian signs) an indemnity and exclusion of liability form provided by the Promoter, in favour of the Promoter and all parties involved in this Promotion and/or providing the prize, before they participate in the Promotion and/or the prize. If they or their parent/guardian do not sign that form within the time specified by the Promoter, they will not be able to participate and the relevant entrant’s or winner’s entry or claim will be deemed invalid. Where an entry is declared invalid prior to the Prize Claim Date, the Promoter may determine a new winner in accordance with the Unclaimed Prize Arrangements.

If for any reason any aspect of this Promotion does not or is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, the Promoter may in its sole discretion cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to the approval of the relevant authorities in the Relevant State(s), if required.

A winner has rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These rights include a statutory guarantee that any services provided by the Promoter will be rendered with due care and skill and that any goods will be of acceptable quality. These Conditions of Entry do not exclude, restrict or modify those statutory rights in any way. However, to the extent that it is permitted by law to do so, the Promoter makes no representations or warranties, express or implied, other than the Australian Consumer Law, regarding the quality or suitability of the prize awarded under these Conditions or Entry and will not be responsible for breach of any such implied terms.

The Promoter’s decisions in connection with the Promotion are final and no correspondence will be entered into.

The Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes.

The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.

The information entrants provide will be used by the Promoter for the purpose of conducting this Promotion. The Promoter may disclose entrants' personal information to companies and agencies connected with this Promotion and to relevant authorities in the Relevant States, and the winner's name and State/Territory of residence may be published in accordance with these Conditions of Entry and is required under relevant legislation. The Promoter's privacy policy is available on the Promoter's website https://www.metricon.com.au/privacy-policy