The terms that govern your use of our website and engagement of our building services.
These Terms and Conditions ("Terms") govern your use of the website at everlandembarkhomespty.site and any services provided by Everland Embark Homes Pty Ltd (ABN 85 696 831 473 / ACN 696 831 473) ("Everland Embark", "we", "us", or "our").
By accessing our Site or engaging our services, you agree to be bound by these Terms.
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including the Competition and Consumer Act 2010 (Cth) (incorporating the Australian Consumer Law), the Building Act 2011 (WA), and the Home Building Contracts Act 1991 (WA).
Everland Embark Homes provides custom home building, design and build, renovations, multi-residential development, and related construction services in Western Australia. The scope, specifications, fees, and timelines for any engagement will be set out in a written building contract.
Information on this Site is general in nature. Specific building advice requires a formal consultation and site assessment.
All building works valued over the threshold prescribed by the Home Building Contracts Act 1991 (WA) will be documented in a written building contract that complies with that Act. The building contract will take precedence over these Terms to the extent of any inconsistency regarding building works.
Building contracts will include:
Payment terms will be specified in your building contract. Unless otherwise agreed:
All building works come with warranties as required by WA law, including:
Nothing in these Terms excludes, restricts, or modifies any right or remedy under the Australian Consumer Law (ACL) that cannot be lawfully excluded or limited.
To the extent permitted by law, our liability for a breach of a non-excludable consumer guarantee is limited to the resupply of the services or payment of the cost of resupply.
Subject to clause 7, to the fullest extent permitted by law, our total aggregate liability shall not exceed the total contract price for the building works giving rise to the claim.
Any variations to the contracted scope of works must be agreed in writing and may result in adjustments to price and timeline as specified in your building contract.
Building disputes will be handled in accordance with the dispute resolution provisions of your building contract and the Building Services (Complaint Resolution and Administration) Act 2011 (WA). You may also lodge complaints with the WA Building Commission.
Your personal information is handled in accordance with our Privacy Policy.
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. You submit to the exclusive jurisdiction of the courts of Western Australia.