1. Promotion Overview
1.1. This promotion is valid for new residential construction contracts signed with DeltaCorp Australia Pty Ltd between [Start Date] and [End Date].
1.2. The promotion guarantees that construction will be completed within 20 weeks from the site commencement date, as defined in the NSW HIA Residential Construction Contract.
2. Site Commencement Date
2.1. The site commencement date is defined as the date on which all necessary permits and approvals are obtained, and site preparation is completed, allowing construction to begin (Clause 12.1).
3. Exclusions
3.1. The 20-week guarantee does not apply to delays caused by:
3.1.1. Clause 19.1 - Delays and Extensions of Time"
3.1.2. Adverse weather conditions (Clause 19.1(c)).
3.1.3. Unforeseen ground conditions or site issues (Clause 14.1).
3.1.4. Delays in obtaining permits, approvals, or inspections from relevant authorities (Clause 5.3).
3.1.5. Variations or additional works requested by the client after the contract signing (Clause 18.1).
3.1.6. Material or labour shortages beyond the builder's control (Clause 19.1(h)).
3.1.7. Industry related delays (Clause 19)
3.1.8. Any act, omission, or delay caused by the client, including but not limited to changes to plans,
late decisions, or failure to provide necessary information (Clauses 3.2 and 8.3).
4. Force Majeure
4.1. The builder is not responsible for delays caused by events beyond their control, including but not limited to natural disasters, strikes, lockouts, pandemics, or other force majeure events (Clause 19.1).
5. Definition of Completion
5.1. Completion is defined as the date on which a final inspection certificate is issued by the relevant authority, indicating that the construction works comply with all statutory requirements and are ready for occupancy (Clause 21.1).
6. Mortgage Payment Terms
6.1. If the builder fails to complete the construction within 20 weeks, DeltaCorp Australia Pty Ltd will pay the client's mortgage up to a maximum of [$Amount] per week, for each week beyond the 20-week period, until completion.
6.2. The total mortgage payment shall not exceed [$Total Maximum Amount].
6.3. Proof of mortgage payment must be provided by the client to qualify for this payment.
6.4. Mortgage payments will be made at the end of each month for the previous month.
7. Voidance of Promotion
7.1. This promotion will be voided if:
7.1.1. The client fails to make decisions or provide necessary information in a timely manner, as defined by Clause 8.3 of the NSW HIA Residential Construction Contract.
7.1.2. The client requests variations or additional works that extend the construction timeline (Clause 18.1).
7.1.3. Delays occur due to adverse weather conditions, unforeseen ground conditions, or other factors beyond the builder's control (Clause 19.1).
7.1.4. The client does not provide proof of mortgage payment or fails to notify DeltaCorp Australia Pty Ltd within 7 Calendar days after the 20-week period if they believe they are entitled to mortgage payments.
7.1.5. Lack of, or incorrect site information is provided at the time of costings or contract (Clause 14.1).
7.1.6. Changes are requested by third parties such as government or certifying authorities (Clause 5.4).
7.1.7. Delays occur due to unforeseen issues related to utility connections, such as water, gas, electricity, or telecommunications.
7.1.8. Delays are caused by disputes or actions involving neighbouring properties or other external stakeholders (Clause 19.1(e)).
8. Definition of Timely Manner
8.1. For the purposes of this promotion, "timely manner" is defined as the client providing decisions, information, and approvals within 5 Calendar days upon request by the builder. This definition aligns with the obligations set forth in Clause 8.3 of the NSW HIA Residential Construction Contract.
9. Claims Process
9.1. Clients must notify DeltaCorp Australia Pty Ltd in writing within 7 Calendar days after the 20-week period if they believe they are entitled to mortgage payments.
9.2. Claims must include documentation supporting the claim, including proof of mortgage payments and any relevant correspondence.
10. Dispute Resolution
10.1. Any disputes arising from this promotion shall be resolved in accordance with the dispute resolution procedures outlined in Clause 35 of the NSW HIA Residential Construction Contract.
11. Modification and Termination
11.1. DeltaCorp Australia Pty Ltd reserves the right to modify or terminate this promotion at any time without prior notice. However, any contracts signed before the termination date will be honoured under the original terms.
12. General Conditions
12.1. This promotion is not transferable or redeemable for cash.
12.2. This promotion is subject to the terms and conditions of the NSW HIA Residential Construction Contract.
12.3. These terms and conditions shall be governed by and construed in accordance with the laws of New South Wales, Australia.
