Website Terms and Conditions of Use

About the Website

Welcome to www.bradfordhomes.com.au.

Website facilitates interactions between:

• S.J. Salisbury Constructions Pty Ltd ACN 058 562 253 trading as Bradford Homes and SSG Real Estate Pty Ltd ACN 167 089 152 (we, us, our, ours)
• users of this web site (you, Yours).

Definitions

Access to and use of the Website and the Services is subject to these terms and conditions as amended from time to time (Terms).

In these Terms, the services that we provide to you are called the Services.

Updating these Terms

We may review and change any of these Terms at our sole discretion by updating this page.

If we do update these Terms, we will use reasonable endeavours to provide you with notice of those updates. Any changes to the Terms take immediate effect from the date of their publication on the Website.

We recommend you keep a copy of these Terms for your records.

Acceptance of the Terms

If you do not agree to these Terms, you must immediately cease use of the Website and the Services.

By using, browsing and/or reading the Website you are taken to have:

• read, understood and agreed to these Terms; and
• accepted and agreed to be bound by these Terms by registering for the Services.

You may also accept these Terms by clicking to accept or agree to the Terms where and if this option is made available to you on the Website.

House and Land Packages

S.J. Salisbury Constructions Pty Ltd holds builder’s licence number 57020 under the Building Work Contractors Act 1995 (SA).

House and Land Packages that are promoted or advertised may involve the sale of land that Scott Salisbury Group (SSG) does not own. In that case, SSG are acting as an agent for the owner of the land and accordingly the sale of such land will be by private treaty with a separate Sale of Land contract created between you and the owner of the land. SSG will not be held responsible for the suitability of the land for construction of a home or otherwise – it will be your responsibility to obtain independent professional advice.

If you wish to buy the land through Scott Salisbury Group, you must enter into a building contract for the construction of the house. If you do not wish to enter into a building contract with SSG but you wish to buy the land, you must liaise with the owner of the land direct with SSG removed from discussions.

The plans and specifications for any SSG home are clearly outlined in the contract documentation. We encourage you to review that documentation carefully and (if required) seek independent legal advice to ensure all expectations are covered prior to signing. Please check with the Building consultant for inclusions as the price may vary for items such as (but not limited to) cost allowances, final selections, council/encumbrances and final engineering. Please note no allowances have been made for retaining walls and that it will remain the owner’s responsibility to obtain joining neighbours’ consent and approvals for fencing and/or retaining walls.

All house and land packages will be subject to council approval.

Copyright and Intellectual Property

The Website, the Services and all of our related products are protected by intellectual property laws.

The material on the Website is protected by copyright under the laws of Australia and through international treaties.

Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by us or our contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by us and we grant to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are accessing the Website to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and

(c) printing pages from the Website for your own personal and non-commercial use.

We do not grant to you any other rights whatsoever in relation to the Website or the Services or any of our other intellectual property. All other rights are expressly reserved by us.

We retain all rights, title and interest in and to the Website and all related Services.

Nothing you do on or in relation to the Website will transfer to you any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright or any other intellectual property right (or an adaptation or modification of such a thing, system or process).

You may not, without our prior written permission and the written permission of any other relevant rights owners broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way any content on the Website or the Services or third party Services for any purpose, unless otherwise provided by these Terms.

This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

Privacy

We take your privacy seriously and any information provided through your use of the Website and/or Services are subject to our Privacy Policy, which is available on the Website.

General Disclaimer

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
2. we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and comprising the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Services or any products or Services (including our products or Services) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
2. the accuracy, suitability or currency of any information on the Website, the Services, or any related products (including third party material and advertisements on the Website);
3. costs incurred as a result of you using the Website, the Services or any of our products; and
4. the Services or operation in respect to links which are provided for your convenience.

You acknowledge that the Website and the Services are only intended to facilitate the interactions between you and us and we do not offer any services other than the Services and we have no liability to you as a result of any conduct of a user.

Limitation of Liability

Our total liability to you arising out of or in connection with your use of the Website or the Services however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that we and our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

Termination

Subject to local applicable laws, we reserve the right to suspend or deny, in our sole and unfettered discretion, your access to all or any portion of the Website or the Services without notice to you if you breach any provision of these Terms or any applicable law or if your conduct impacts (or has the potential to impact) our name or reputation or violates (or has the potential to violate) the rights of another party.

When your access to the Website comes to an end, all of the legal rights, obligations and liabilities that you and we have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

Indemnity

You agree to indemnify us, our affiliates, employees, agents, contributors, third party content or reward providers and licensors from and against:

1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website;
2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
3. any breach by you of these Terms.

Dispute Resolution

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

1. Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
2. If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the head of an appropriate mediation body selected by the President of the Law Society of South Australia or his or her nominee;
3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
4. The mediation will be held in Adelaide, South Australia.

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

If 8 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

Venue and Jurisdiction

The Website is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.

Governing Law

The Terms are governed by the laws of South Australia and may be updated from time to time. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of that state, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that these Terms are fair and reasonable and that they have had the opportunity to obtain independent legal advice in relation to them.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

WELS Information

​​Products that are chosen and installed during the build process that are regulated​ under the Water Efficiency Labelling and Standards (WELS) scheme are required to be:

• registered with the WELS scheme
• labelled with correct water efficiency information in accordance with Australian Standard 6400:2016.

Please refer to the Aspire Collection document from your dedicated consultant that outlines the WELS Information for our standard inclusions.

Riverlea 38 Weeks Build Time Guarantee

Conditions of Eligibility

To be eligible for the 38 weeks, Build Time Guarantee the proposed house must fulfill the following conditions:

• Is within the Riverlea Estate,
• Selected from one of our single storey standard designs,
• The standard design is unmodified and is not split level,
• The promotion does not include driveways, paths, stormwater, or floor coverings,
• This guarantee is from the slab pour date to practical completion,
• Site services (water, sewer, power & gas) must be available on site,
• This offer will be invalid if the Owner delays Progress Claim payments,
• Owner requested Variations during construction may extend the build time,
• We reserve the right to withdraw this offer at any time without notice.

Terms of the Guarantee

If your contract with Bradford Homes meets the eligibility criteria, we will provide a guarantee to complete the construction of your home within 38 weeks from the slab pour to practical completion.

If the delay of construction progress is due to any of the reasons outlined in Clause 15 Time for Doing the Work, of the MBA Domestic Building Contract for New Homes, Bradford Homes retains the right to extend the duration of the Build Time Guarantee.

Should the construction time of your home occur across the months of December and January, an additional 4 weeks will apply to the Build Time Guarantee.

The duration of the Build Time Guarantee will conclude once Practical Completion is reached in accordance with Clause 22 Practical Completion of the MBA Domestic Building Contract for New Homes.

If the build time exceeds the amount allowed, Bradford Homes will reimburse you an amount of $250.00 for each week over, until reaching practical completion. The amount is to be deducted from the final progress claim.
This reimbursement will represent Bradford Homes’ sole liability to you for failing to meet this Guarantee.

* Available for all contracts signed from 27^th June 2023.

Riverlea Fixed Price Guarantee

Confidence, Security, and Trust in Your Fixed Price Dream Home:

We understand that building during these challenging times can be daunting. That is why Bradford Homes is here to offer you our ‘Fixed Price Guarantee’, delivering unwavering trust, confidence, and peace of mind to every valued client. With the support of reputable builder Scott Salisbury, we bring unrivalled reliability to the home building process in South Australia. Our priority is to fully understand your unique needs, property, and expectations, ensuring a personalized contract presentation just for you. Through this meticulous approach, we eliminate any unexpected variations or surprises after you sign, providing you with complete assurance. Once you have made the commitment to your build contract, you can rest easy knowing that the following will apply:

• No additional charges for challenging footings,
• No extra expenses for energy rating requirements,
• No hidden charges for water, sewer, power, or sewer services,
• No additional fees for site complexities,
• No unexpected expenses for high wind speed specifications.

You are in control! The price of the contract will only change if you decide to make any adjustments.

Conditions of Eligibility

To be eligible for the Fixed Price Guarantee the proposed house must fulfill the following conditions:

• Is within the Riverlea Estate,
• Selected from one of our single storey standard designs,
• The standard design is unmodified and is not split level,
• Site services (water, sewer, power & gas) must be available on site,
• We reserve the right to withdraw this offer at any time without notice,
• Land Ownership confirmation (title issued).

Terms & Conditions:

• Site commencement must occur within 5 months of your signed contract. If this period occurs across the months of December and January, the period will increase by 4 weeks.
• If site commencement is unable to occur within 5 months of signing your contract, Bradford Homes reserves the right to withdraw the Fixed Price Guarantee and additional costs may apply.
• Selections outside the Aspire Collection made after the contract signing will adjust the fixed price.
• This Guarantee will no longer be applicable if the Owner delays Progress payments.
• Owner requested variations to the contract will change the price.

*Available for all contracts signed from 27^th June 2023.

Embrace Collection - Fixed Price Homes

‘Fixed price starting at’ refers to the build costs specifically. For final accurate home pricing, please talk to a sales consultant at the Bradford Homes Villages. Some extra costs may apply. This includes but is not limited to site works, foundations, selections, engineering, council requirements and retaining. Information correct at time of lodging and may change without notice. All images, including floor plans and facades, are to be used as a guide only. Unknown on-site costs may impact on the final price of your home. All images are for illustration purposes only and may not replicate actual homes. Some items shown in imagery including additional fixtures and fittings, landscaping, flooring, decorative items and furniture are not included in the standard homes price.