When you view and use this website (Website) provided by Mahercorp Pty Ltd trading as UrbanEdge Homes (we, us, our) you acknowledge that you have read and understood these terms and conditions (Terms) and agree to be bound by them.
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, offendor 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.
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 Mahercorp Pty Ltd
(ACN 100 090 560) trading as Urbanedge Homes (‘Urbanedge Homes ’):
Address: 7/180-194 Fairbairn Rd, Sunshine West 3020
Phone: 03 8398 1100
This Guarantee applies to all Master Builders – HC 6 New Homes Contracts signed with Urbanedge Homes from April 1st 2015.
Urbanedge 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 Urbanedge Homes.
In this section, "we", "our" and "us" means Urbanedge Homes and “you” or “your” refers to the person who has entered into the contract with Urbanedge Homes.
Terms which are capitalised in this document and defined in the Master Builders – HC 6 New Homes Contracts signed with Urbanedge Homes bear the same meaning as in the Master Builders – HC 6 New Homes Contracts signed with Urbanedge Homes.
This Guarantee is subject to the terms below.
1. The Guarantee Document
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 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:
(a) Any structural changes to the home including, without limitation, any renovation, extension, structural changes and pool or landscaping works for which a building permit is required will void this Guarantee (‘Subsequent Works’);
(b) Any excessive loading applied to the building including attachments such as basketball rings, clothes lines, storing of materials and goods, heavy plant and equipment which exceed the design load of the building structure will void this Guarantee;
Any attempted repair of a structural failure will be considered Subsequent Works and accordingly, excluded from this Guarantee;
(c) Damage caused by criminal acts including without limitation, terrorism and vandalism is not covered by this Guarantee;
(d) Any damage arising out of, relating to or in connection with trees (both on the subject property and adjoining properties) including without limitation, tree root systems is not covered by this Guarantee;
(e) You are responsible for the ongoing maintenance of your home. Any failure
to comply with the CSIRO “Foundation Maintenance & Footing Performance” Homeowners Guide (available from the Master Builders E-Shop at www.masterbuilders.asn.au) will void this Guarantee;
(f) Depending upon climatic conditions, it will take up to 18 months for your home to settle. Minor cracking including without limitation, those at internal junctions of walls and the intersections of cornices to both walls and ceilings attributable to shrinking and/or movement are not covered by this Guarantee;
(g) Structural failures caused by neglect or failure on your part to properly maintain your home or by the misuse of your home after Completion of the Building Works will void this Guarantee;
(h) Damage caused by natural events including but not limited to storms, floods, fire, drought, cyclones, earthquakes and tsunamis or any other damage caused by unforseen acts of God is not covered by this Guarantee;
(i) Once the Building Works are Complete, it is your responsibility to ensure that your home is inspected and treated for pests and termites. Any defect or damage caused by termites in structural timber components of the home will not be covered by this Guarantee;
(i) Structural failure caused by poor surface drainage of the land, leaking plumbing
or a failure to install or maintain proper drainage systems in or about the house
or property will not be covered by this Guarantee;
(k) Any site conditions experienced after Completion of the Building Works that were not within the control of Urbanedge Homes during the period of construction will void this Guarantee. In this Guarantee, site conditions include all physical conditions on the site or its surroundings including without limitation artificial things, contamination and hazardous materials; and
(l) Failure to submit a claim to Urbanedge Homes within 30 calendar days of the structural failure being identified or becoming reasonably capable of being identified will void this Guarantee.
If any one or more of the exclusions listed in this document apply, they will have the effect of voiding the entirety of this Guarantee.
For the avoidance of doubt, damage or loss to any items not included in clause 4 including without limitation damage, issues or problems of a non-structural nature, is not covered by this Guarantee.
The scope of all works relating to this guarantee are limited to damage directly caused by the structural failure specified in your claim. Any other loss or damage including without limitation, consequential loss, indirect loss, loss of opportunity and loss of amenity is specifically excluded and not provided by this Guarantee.
Without limiting the foregoing, any marks or scratches on or defect in any cupboard doors, basins, baths, showers, bench tops, vanities, carpets and/or other floor coverings, wall tiles, furniture, fittings, drapes, curtains, blinds, televisions, all electric switches, machines and appliances, painted and finished surfaces and moveable chattels are specifically excluded under this Guarantee.
6. Fixing Structural Failures Covered by Our Guarantee
Subject to clause 7, Urbanedge Homes will bear the cost of fixing any structural failures of the kind listed in clause 4 of this Guarantee.
7. Claiming on the Guarantee
As a condition precedent to making a claim in relation to this Guarantee, you must:
(a) submit a claim including a description of your request in writing and send it to us
via post or email to the address at the beginning of this document within 30 calendar days of the structural failure being identified or becoming reasonably capable of being identified. Any failure to give notice within this time and in the form set out in this subclause will void this Guarantee in its entirety.
(b) if requested by Urbanedge Homes, provide unfettered access for us to carry out inspections of your property and determine whether there is a structural failure meeting the requirements of this Guarantee. Any failure by you to give or arrange unfettered access will void this Guarantee in its entirety.
For the avoidance of doubt, failure to make a claim in accordance with the conditions precedent in this clause 7 will void this Guarantee in its entirety.
If a structural failure meets the requirements of our Guarantee and you comply with the conditions precedent set out in clause 7, we will commence rectification works within a reasonable period of time, at our own cost.
You must provide or arrange unfettered access to your property for the purposes of any rectification work carried out by Urbanedge Homes in response to a valid claim made under clause 7 of this Guarantee.
8. All works relating to this Guarantee must be carried out by Urbanedge Homes and its nominated trades, suppliers and manufacturers. All materials will be supplied by Urbanedge Homes and its nominated suppliers. Other Guarantees
There are other guarantees relevant to your home, including:
(a) Those under the Australian Consumer Law are not excluded by this Guarantee.
(b) Additional warranties are applicable under the Domestic Building Contracts Act 1995 (Vic) including statutory insurance in force in Australia.
Changes to These Terms
We reserve the right to change or modify all or any part of these Terms at any time and amendments will be effective immediately upon notification on this Website.