These Terms of Use apply to this website. Kincaid Constructions Pty Ltd (ABN 44 150 176 819) Licence Number CDB-U 59395) (“Kincaid™) owns and operates this website from Victoria, Australia. This website and any information contained within it is governed by the laws of the State of Victoria, Australia. In using this website and the information contained within it, you agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you must not use this website. Commercial use or reproduction of this website, in whole or in part, is strictly  prohibited. For more information or to ask any questions relating to these Terms of Use, please contact Kincaid via the "Contact Us" page on this website.

Kincaid reserves the right to amend these Terms of Use and/or the information contained in this website (without notice) at any time.

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Copyright

Copyright in the contents of this website is owned by Kincaid and subsists under the Copyright Act 1968 (Cth). Reproduction in any form either in whole or part is forbidden. You may make a single electronic copy or print a single copy of information contained on this website for your personal use, unless doing so is expressly prohibited. You may not commercialise or on-sell any content obtained from this website. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws or, as expressly authorized by these Terms of Use, no part of this website 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 device or system) without the specific written consent of Kincaid™. All rights reserved.

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Disclaimer of liability

Whilst every endeavour has been made to ensure the accuracy of the information published on this website, Kincaid does not provide any guarantees regarding the accuracy of the contents presented in this website. Intending purchasers should independently inspect products to ascertain its relevance to their needs and should consult independent financial and legal advisors prior to entering a contract of sale. All images and drawings published on this website are for illustrative purposes only and may not represent standard products. Subject to any terms or conditions implied by law and which cannot be excluded, Kincaid accepts no responsibility for any loss, damage, cost or expense (whether direct or indirect) suffered or incurred by you because of or in connection with your use of this website or any linked website or your reliance on any information published on or accessed through this website.

Links to external websites

Links from this website to other websites beyond the control of Kincaid are provided purely for the convenience of the user. These links do not represent any official endorsement or approval of any such website, product, organization or service. Kincaid is not responsible for the content or privacy practices of any such website.

 

 Photography & illustrations

Images are for illustrative purposes only and may depict upgrade options which may incur additional charges and homes as displayed. Refer to floor plan brochures or working drawings for specific detail. Some images may also depict features not supplied by Kincaid Homes including landscaping, pools, water features, window furnishings, fireplaces, wall furnishes and finishes, cladding, in built joinery, decorative lighting, décor, furniture and flat profile roof tiles (some of these items may be available at an additional cost, visit your nearest Kincaid Homes Display Centre for full specifications or speak to our customer service team). Facade details such as entry doors, window sizing and placement may vary between house types and sizes. Refer to floor plan brochures or working drawings for specific detail.

 

Homes by Kincaid – Colour Document Disclaimer

We appreciate your choice to personalise the colours, textures, and finishes for your new home. As your chosen builder, we want to ensure clarity and a smooth process as we bring your preferences to life. This disclaimer is designed to provide you with important information about the colour selection process and potential adjustments that might occur while we work together in your home.

Please understand that the images in this document are meant to give you a sense of how your selections might look in your home. They're not exact depictions but are intended to offer a general idea, considering factors like lighting and construction methods.

While we are dedicated to delivering your selections as closely as possible, it's important to acknowledge that during construction, product availability can alter, and this sometimes leads to required changes. We assure you that any necessary alterations will be promptly communicated to you.

If any of your chosen products, colours, or models become unavailable, we'll work to find suitable or better alternatives that match your original preferences.

Rest assured; any changes will be communicated to you before being implemented.

Our commitment to transparent communication means that if any adjustments are needed, we'll reach out to you first. Your satisfaction remains our priority through the building of your home.

 

House and Land

Refer to individual agreements for terms and conditions that apply to house and land terms.

 

Invest by Kincaid

Standard terms and conditions outlined in individual contracts.

 

Property Rentals and Appraisals

Standard terms and conditions apply in accordance with the Residential Tenancies Act 1997.

Details are outlined on each rental and appraisal agreement provided.

Rental license number:  091149L

 

Lifetime Structural Guarantee

Kincaid has been building quality homes for Victorians for over 10 years. We have worked hard on improving the service to our customers, with exceptional systems and a focus on continually improving our design and construction process to ensure your home lasts the test of time. We are now proud to be able to offer a lifetime structural guarantee at no extra charge to you. This guarantee is given in addition to any guarantee, statutory insurance or home builders liability scheme in force in Australia and is subject to the terms below. The Kincaid constructions lifetime structural guarantee is not transferable to subsequent owners and is specific to the owners named in the building contract and applies to all contracts signed with Kincaid from the 1st of July 2023.

 

Builder's Responsibility

We will rectify at no cost to you any structural failure providing it fits with any of the following:

• Foundation systems, concrete slab pursuant to the Building Code of Australia and all other relevant Australian Standards including AS 2870, Appendix B.

• 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 Standards & Legislation Store APAC – SAI Global Info Store and search for the relevant Standards. Please note, for a structural failure to exist, it needs to be defined as ‘Damage Category 3’ or higher (AS 2870).

 

Your Responsibility

At the handover of your home, you will receive a maintenance guide. This will clearly advise you of what you must do in order to maintain your home properly. Also see below for further information on properly maintaining a home. Failure to follow this advice may void your Lifetime Structural Guarantee.

 

Victoria

• CSIRO guide - Foundation Maintenance and Footing Performance: A Homeowner’s Guide

• New Home Guide - Guide to Planning Landscaping and Maintenance of Foundations document

• CSIRO guide - Foundation Maintenance and Footing Performance: A Homeowner’s Guide (provided to you at settlement of your new home) 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 trees growing near the footing of your home

• Any act of God i.e., storms, fire, flooding, drought or earthquake

• Fair wear and tear, misuse or neglect Minor cracking (as defined in AS2870 Appendix B)

• Any damage caused by you or your invitees.

• Any renovations, additions or other structural changes post Kincaid Constructions handover.

(This includes pools and landscaping)

• This structural guarantee does not cover items of a non-structural nature.

Who is eligible, and how to make a claim?

The Kincaid Constructions Lifetime Structural Guarantee is not transferable to subsequent owners and is specific to the owners named in the building contract and applies to all contracts signed with Kincaid from 1st July 2023.

To make a claim under this guarantee, please email admin@kincaid.com.au with photos and a written description of the failure. One of our supervisors will contact you and organise an inspection of your home to assess the nature of the failure.

Furthermore, ensuring it meets the requirements of this structural guarantee. Kincaid will as soon as practicable respond in writing to you and outline the outcome. Where the structural failure meets the requirements of this guarantee, we will commence rectification works within a reasonable period at no cost to you. Where it is determined by Kincaid that the structural failure does not meet the requirements outlined above, it will be your responsibility to rectify the defects.