Terms and conditions

Become a Heartland Hero

Welcome to Heartland Homes Project!

These terms and conditions outline the rules and regulations for the use of Heartland Homes Project Pty Ltd's Website, located at https://heartlandhomesproject.life.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Heartland Homes Project if you do not agree to take all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalize your online experience. By accessing Heartland Homes Project, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, Heartland Homes Project Pty Ltd and/or its licensors own the intellectual property rights for all material on Heartland Homes Project. All intellectual property rights are reserved. You may access this from Heartland Homes Project for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Copy or republish material from Heartland Homes Project
Sell, rent, or sub-license material from Heartland Homes Project
Reproduce, duplicate or copy material from Heartland Homes Project
Redistribute content from Heartland Homes Project

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Heartland Homes Project Pty Ltd does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Heartland Homes Project Pty Ltd, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Heartland Homes Project Pty Ltd shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Heartland Homes Project Pty Ltd reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Heartland Homes Project Pty Ltd a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Heartland Homes Project Pty Ltd; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Heartland Homes Project Pty Ltd. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Heartland Homes Project Pty Ltd's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

1. Definitions

1.1 In this document:

Accessories means all modules, goods, appliances, furniture, homewares and associated accessories referred to in the Purchase Transaction and provided to you in connection with this Purchase Transaction. Australian Consumer Law means the:

Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Building means the specific building chosen by you that is set out in the Purchase Transaction, together with any Accessories ordered in the Purchase Transaction by you.

Claim means any claim, action, proceeding or demand, howsoever arising and whether present, future, fixed, unascertained, actual or contingent.

Consequential Loss includes (but may not be limited to) any loss of revenue, data, reputation, profits, bargain, actual or anticipated savings, opportunities, consequential loss, and indirect loss.

Contract means the Purchase Transaction these Terms and Conditions and any other document which is attached to or incorporated by reference in it, the Purchase Transaction or the Terms and Conditions.

Event of Default has the meaning given in clause 20.1.

Force Majure Event means any event beyond the control of either party, including (without limitation) theft, acts of God, war, terrorism, mobilization, civil commotion, riots, embargoes, orders or regulations of governments of any relevant jurisdiction, fire, flood, storm, tempest, strikes, lockouts or other labour difficulties, shortages of or inability to obtain shipping space or land transportation.

Insolvency Event means any of the following:-

(a) A controller (as defined in the Corporations Act 2001 (Cth) is appointed to You, or over any of the property of You;

(b) You become bankrupt;

(d) You or your property becomes subject to a personal insolvency arrangement under part X of the Bankruptcy Act 1966 (Cth) or a debt agreement under part IX of that Act;

(e) You are unable to pay its debts when they are due and payable;

(f) You cease to carry on business; or

(g) Any event happens in Australia or any other country or territory in respect of You that is similar to any of the events or circumstances referred to in this definition.

Installation means the Building contained in your Cart as chosen by You, installed at your site on footings determined by Heartland Homes Project at its sole discretion. Heartland Homes Project is not responsible for the connection of any plumbing, electrical or other main connections.

Liabilities means any liability, loss, cost (including all legal costs and expenses on a full indemnity basis), expense, damage, charge, penalty, outgoing or payment, however arising, whether civil or criminal and whether present, unascertained, future or contingent.

Materials means a material or component used by Heartland Homes Project in the manufacture of the Building.

Object means to object generally and includes (without limitation) to:-

(a) Avoid or attempt to avoid this Contract;

(b) Refuse to accept the Building on Delivery or Practical Completion;

(d) Seek an injunction;

(e) Require Heartland Homes Project to carry out any works or tasks or specific performance;

(f) Delay Delivery, Practical Completion or any other contractual obligations;

(g) Seek to Claim any compensation of any nature;

(h) Pursue Heartland Homes Project by any means;

(i) Seek any reduction of or attempt to retain any part of the Price.

PPSR means the Personal Property Securities Register.

PMSI means a purchase money security interest as defined in the PPSA.

PPSA means the Personal Property Securities Act 2009 and any other legislation and regulations in respect of it and the following words, and all related terms, in clause 17 and have the respective meanings given to them in the PPSA: “security interest”, “security agreement”, “financing statement”, “financing change statement”, “verification statement”, “attached”, “attachment” and “perfected”.

Practical Completion means:-

(a) The Building the subject of the Contract.

(b) If this Contract is for the supply only, the date upon which You (or any employee, agent, contractor or representative thereof) begin loading the Building onto its vehicle for departure from the warehouse or factory of Heartland Homes Project;

(c) If this Contract is for the supply and delivery, the date upon which delivery to the Site nominated by You is effected, irrespective of whether You are in attendance for delivery; and

(d) If this Contract is for the supply, delivery and installation of the Building on the Site, the date Heartland Homes Project advises installation is complete and the Building is ready for use.

Price means the amount set out in the Purchase Transaction as being payable by You for the Building supplied in accordance with the Contract. Purchase Transaction means the written transaction with all nominated attachments, prepared and submitted to You by Heartland Homes Project for the supply of the Building at the specified Price, which is subject to these Terms and Conditions.

Security means any security given by You or the Guarantor for the performance of and in accordance with the terms of this Contract.

Site means the site or location to which the Building shall be delivered and if applicable, constructed and erected, as set out in the Purchase Transaction.

Terms and Conditions means the terms and conditions set out in the Purchase Transaction (if any) and those that are set out herein.

Used Goods means goods owned by Heartland Homes Project which have been used and which may have been modified by Heartland Homes Project for the purposes of the Contract.

Workmanship means the handling, assembly, erection or construction processes performed by or on behalf of Heartland Homes Project to erect the Building on the Site.

You means the party referred to as such in the Purchase Transaction.

2. Sale and Purchase

In consideration of the Price, Heartland Homes Project agrees to sell and You agree to purchase the Building, including the Accessories on the terms and conditions of this Contract.

3. The Purchase Transaction

3.1 Unless otherwise stated by Heartland Homes Project, any Purchase Transaction shall lapse 14 days from the date of issue and may be:-

(a) Extended with the mutual written agreement of both parties; or

(b) Withdrawn by Heartland Homes Project at any time, in its discretion.

3.2 You may not Object in the event of any extension or withdrawal in accordance with the above.

4. Acceptance of Purchase Transaction

4.1 In the event that You require Heartland Homes Project to provide an invoice or Purchase Transaction to a financier or leasing company, Heartland Homes Project must be advised at the time of issuing the Purchase Transaction.

4.2 Acceptance of a Purchase Transaction will result in You being bound by the Contract, which will occur on the earliest of the following:-

(a) Pushing ‘checkout’ at cart;

(b) Paying all or part of the Price, a deposit or any costs or expenses;

(e) Otherwise performing the Contract.

4.3 Heartland Homes Project reserves the right to satisfy itself of Your credit worthiness at any stage of this Contract and should such credit worthiness be unsatisfactory to it, Heartland Homes Project may (in its discretion), terminate this Contract by notice in writing without being obligated to provide any reasons and You may not Object or make any Claim for any Liabilities in connection with such termination.

4.4 Heartland Homes Project may, in its discretion and at any stage of this Contract, decline to supply the Building and may terminate this Contract without being obligated to provide any reasons and You may not Object or make any Claim for any Liabilities should Heartland Homes Project elect to do so.

4.5 Heartland Homes Project may during the time of the Purchase of at any time during the Contract term, make improvements to the building that include design changes, electrical changes or structural changes which improve the integrity, layout, design and functionality of the building and you accept that these changes have an overall benefit to the building or are necessary to ensure conformity with any Australian Standards or directions.

5. Time estimates

5.1 Heartland Homes Project will advise You of the date upon which Practical Completion will be achieved, which is strictly conditional upon You performing all obligations and having paid all amounts due and payable under this Contract.

5.2 Time and dates of delivery are not of the essence and any advice given by Heartland Homes Project, whether verbal or in writing as to Practical Completion or the date or timing thereof shall be an estimate made in good faith based on Heartland Homes Project known manufacturing and/or project commitments at the time of the advice. Heartland Homes Project reserves the right to revise any estimates given, in its discretion.

5.3 If the Building is delayed due to a Force Majure Event or any reason beyond the control of Heartland Homes Project, then Practical Completion will be deemed extended for the period of delay and You advised in writing accordingly. Heartland Homes Project will be entitled to be paid all reasonable costs of such delay including any additional costs, fees, charges, expenses or overhead recovery prior to effecting Practical Completion.

5.4 You may not Object and Heartland Homes Project shall not be liable for any Claim or any Liabilities in connection with anything set out in this clause 5.

6. Payment Terms

6.1 You will pay the Price provided for in the Contract plus any adjustments and all applicable GST and any other charges set out in the Purchase Transaction immediately unless otherwise specified in the Purchase Transactions, such as in circumstances when finance is provided.

6.2 All costs associated with the delivery of the Building to the Site and/or the installation of the Building on the Site (if applicable) must be paid prior to delivery being effected, unless otherwise specified by Heartland Homes Project.

6.3 If any amount is not paid when due and owing, You will pay interest on the unpaid amount, calculated monthly, at the rate equal to the cash rate target, set by the Reserve Bank of Australia plus 2%, from and including the due date until payment is received by Heartland Homes Project in cleared funds.

6.4 All payments required to be made by You to Heartland Homes Project under the Contract will be made free of any set off or counterclaim and without deduction or withholding whatsoever.

6.5 If the balance, deposit, or other payment due is not received as per the terms of this Contract, Heartland Homes Project reserves the right to terminate the Contract and retain a portion of the deposit proportional to reasonable costs incurred up to that point. This retention will be calculated to fairly reflect expenses related to preparation and production.

7. Risk, Practical Completion and Insurance

7.1 If this Contract is for the supply of the Building only (with no delivery or installation) You:-

(a) Is deemed to have accepted the Building and Practical Completion will be deemed to have occurred immediately upon the loading of same onto Your delivery vehicle for departure; and

(b) You will bear all risk and liability immediately upon Practical Completion being effected.

7.2 If this Contract is for the supply and delivery of the Building to the Site (with or without installation):-

(a) You shall pay all transport and delivery costs, whether included in the Purchase Transaction or otherwise prior to delivery;

(b) Subject to clause 5 and 7.2(b), Heartland Homes Project will use reasonable endeavours to ensure that delivery takes place no more than sixty (60) days from the date of receipt of all payments from You under this Contract;

(c) You will be deemed to have accepted the Building and will bear all risk and liability immediately upon Practical Completion being effected; and

(d) Heartland Homes Project will take out an insurance policy to cover the Building up to Practical Completion only.

7.3 You shall provide Heartland Homes Project’ insurer with all documentation, information and assistance to allow Heartland Homes Project to arrange the insurance policies referred to above.

7.4 You shall also ensure that they have their own Public Liability (for no less than $50,000,000.00 for each and every claim), workers compensation and employer’s liability and other insurances for legal liabilities to third parties for bodily injury and/or property damage, in connection with any work carried out on Site or that is otherwise carried out by You, their employees, agents and contractors in relation to the Contract or the Building and must supply a copy of same to Heartland Homes Project upon request.

7.5 For any motor vehicles used for any purpose in connection with this Contract, You must maintain or require the owner of such vehicles to maintain third party liability insurance covering all Claims and/or Liabilities in respect of any injury to, death of any person or any loss, damage or destruction to any property arising from the use of such motor vehicles.

7.6 If the performance of this Contract requires the use of any plant and equipment that will be used at the Site during installation, You must maintain or require the owner of such plant and equipment to maintain insurance covering all loss and damage to such plant and equipment, to full replacement value and such insurance must (unless prohibited by law) waive all express or implied rights of subrogation against Heartland Homes Project and its directors, officers, agents, representatives, and employees.

7.7 If delivery or Practical Completion is delayed at the request of You or because Heartland Homes Project is unable to access the Site (for any reason other than Heartland Homes Project’s own negligent acts or omissions), then You indemnify Heartland Homes Project against and will otherwise pay on demand:-

(a) The sum equal to Heartland Homes Project current hourly rate for the area or delivery or pickup for each hour of waiting or standby time;

(b) Any additional or incidental charges associated with delayed delivery or Practical Completion; and

(c) All storage costs, relocation, and weatherproofing costs, which shall be no less than $2.00 per square meter per week, and the Building shall, at all times, be stored (whether with Heartland Homes Project or externally) at the sole risk and expense of You.

7.8 Heartland Homes Project will not be liable for any damage or warranty claims sustained from abnormal conditions, flooding, fire, hail, tornado, cyclone, misuse, malicious behaviour, intentional or unintentional damage, damage from vehicle accidents or other weather events that cause damage to the building, structure, frame, footing, inclusions, fixtures or fittings.

8. Footings

8.1 Heartland Homes Project recommends that all Buildings be secured to the ground on the Site with footings and/or tie-downs. The Price does not include the cost of tie downs unless specifically provided for in the Purchase Transaction.

8.2 Heartland Homes Project can provide recommended footing diagrams upon request. If you are unable or unwilling to install the footings according to the diagram, Heartland Homes Project recommends that you engage a licensed tradesperson to do so.

9. Testing and Inspections

9.1 You shall bear the cost of all tests and inspections whatsoever and wherever such testing or inspections take place.

10. Site Conditions

10.1 You assume responsibility for all site conditions, including providing secure access and ensuring suitability for delivery and installation. Heartland Homes Project makes no guarantees regarding site conditions and suitability, and You are expected to have independently confirmed these prior to contracting.

10.2 You warrant You have made all inspections and inquiries of all matters pertaining to the Site and warrants the Building is suitable for use on Site.

10.3 You will ensure that Heartland Homes Project has sufficient access to the Site to do all things required to be done under the Contract and maintain any insurance. You will provide safe and adequate site facilities, including vehicular access for delivery and offloading, secure storage for Heartland Homes Project's equipment, and suitable facilities so that Heartland Homes Project can install the Building and otherwise perform its obligations safely.

10.4 You are responsible for your own site conditions, and if the site is not suitable for delivery, you must inform Heartland Homes Project prior to delivery. If you do not inform Heartland Homes Project of your site conditions and our delivery vehicle is unable to access, deliver, or leave the site due to the site conditions, you will be responsible for any costs associated with additional charges or expenses incurred.

11. Use of Building

11.1 You warrant that they will use and operate the Building in compliance with all applicable laws, statutes, regulations, standards, Codes of Practice, Building Codes, local, state, and federal Government requirements, and any recommendations from Heartland Homes Project (if any) or the manufacturer of any Accessories sold pursuant to this Contract.

11.2 You also warrant it will only use and operate the Building for its intended use and have obtained all relevant consents, authorizations, licenses, and approvals, and have paid all applicable fees for it to do so.

11. Document

11.3 You acknowledge that Heartland Homes Project provides no warranties as to any use (or the lawfulness thereof) in connection with any uses of the Building on the Site, including no certifications being provided by Heartland Homes Project.

11.4 You will not sell, transfer, hire, lease, assign, dispose of or part with possession or control of the Building to any person without the prior written consent of Heartland Homes Project until all amounts owing have been paid in full.

11.5 You will not move, relocate, modify, or otherwise change the position of the Building on Site after installation by Heartland Homes Project without its prior written consent.

12. Retention of Title

12.1 Title to the Building will not pass or be transferred to You until all amounts owing have been paid in full. Until full payment is received, the Building will be held at Heartland Homes Project discretion, as bailee only, and You must:-

(a) Store and identify the Building as belonging to Heartland Homes Project;

(b) Not intermingle the Building with any other property;

(c) Not change or obscure in any way any identification markings that Heartland Homes Project may have placed on the Building;

(d) Not deliver the Building or any document of title thereto to any person except as directed by Heartland Homes Project;

(e) Not on-sell except to a bona fide purchaser for full market value; and

(f) Keep all proceeds from the sale in trust for and on behalf of Heartland Homes Project in a separate bank account and promptly pay such proceeds to Heartland Homes Project.

12.2 The payment referred to in clause 12.1(e) does not relieve You of its obligation to pay the Price in full under this Contract.

12.3 While the Building remains the property of Heartland Homes Project, You have no right or claim to any interest in same and must not claim any set off or lien and must not create any absolute or indefeasible interest in the Building in favour of any third party, except where expressly authorized by Heartland Homes Project.

13. PPSA

13.1 You acknowledge and agree that the provisions of section 12 (Retention of Title) constitute the security agreement between the parties, creating a security interest in all present and future supplies.

13.2 This security interest in the Building extends to any proceeds of any sale or any insurance claim in respect of the Building and monies held in a separate account arising from the sale of the Building for the purposes of the PPSA and to the extent applicable, the PPSA applies.

13.3 For the purposes of the PPSA, the collateral is described as the Building and related goods and the collateral may be further described in the Purchase Transaction.

13.4 You acknowledge and warrant that any Building purchased from Heartland Homes Project are not purchased predominantly for personal, domestic or household purposes.

13.5 You acknowledge that Heartland Homes Project may do anything reasonably necessary, including (without limitation) registering any security interest (including a PMSI) which it may have over the Building on the PPSA in order to perfect the security interest and comply with the requirements of the PPSA.

13.6 You agree, without charge, to provide all information and do all things reasonably necessary to assist Heartland Homes Project undertake the matters set out above.

13.7 You are not entitled to use the Building as security, encumber or create any form of security interest over the Building.

13.8 You waive any right pursuant to s.157(3)(b) of the PPSA to receive notification of a verification statement in relation to any registration event.

13.9 You and Heartland Homes Project agree that pursuant to s.115 of the PPSA, the following provisions of the PPSA do not apply in relation to the security interest, to the extent, if any, mentioned (and words in this provision have the same meaning in the PPSA):-

(a) Section 95 (notice of removal of accession);

(b) Section 125 (obligation to dispose of or retain collateral) in that Heartland Homes Project may extend the time for delay as it considers appropriate;

(d) Section 130 (notice of disposal), to the extent that it requires the secured party to give a notice to the grantor before disposal;

(e) Paragraph 132(3)(d) (contents of a statement of account after disposal);

(f) Subsection 132(4) (statement of account if no disposal);

(g) Section 135 (notice of retention);

(h) Section 142 (redemption of collateral); and

(i) Section 143 (reinstatement of security agreement).

13.10 You agree not to disclose information of a kind that can be requested under s.275(1) of the PPSA and must do everything on its part to ensure that s.275(6)(a) continues to apply.

14. Claims, Liabilities, Consequential Loss and damages

14.1 Heartland Homes Project is not liable for any Claims, Liabilities, Consequential Loss, or damages of any nature except as required under Australian Consumer Law. Our liability is limited to the extent permitted by law, ensuring repair, replacement, or refund where goods are faulty, unsafe, or do not meet intended purposes.

15. Indemnity and Release

15.1 You are liable for and indemnify and agree to hold harmless Heartland Homes Project in relation to any Claim or Liability arising directly or indirectly from or in connection with:-

(a) Any breach of this Contract, wilful misconduct, provision of false or misleading information, fraud or breach of any statute, law or regulation;

(b) Any negligent act or omission of You or its directors, employees, agents, representatives or contractors;

(c) Your use or occupation of the Building or any activities undertaken on the Site, including (without limitation) the delivery, installation, storage or operation of the Building or Accessories or any other services or systems on the Site;

(d) The contemplated, attempted or actual enforcement, preservation or exercise of any right under this Contract or any enforcement by Heartland Homes Project of any rights under this Contract;

(e) Personal injury, including death and disease, loss of or damage to property arising directly or indirectly out of or in connection with the performance of this Contract whether or not same is caused or contributed to by the negligence or default of any other party;

(f) All environmental factors, conditions and liabilities relating to the Site; and

(g) The performance of this Contract.

15.2 Each indemnity in this Contract is independent of the parties other obligations, continues beyond the ending of this Contract and may be enforced before incurring expense or making payment.

16. Liability of Heartland Homes Project

16.1 Heartland Homes Project provides a 12-month warranty for defects in materials and workmanship for new Buildings, beginning from the date of delivery or handover, whichever is later. This warranty complies with Australian Consumer Law, entitling consumers to repair, replacement, or refund based on the nature of the defect. Claims under this warranty must be submitted in writing within 14 days of discovering a defect.

16.2 If this Contract is in respect of the supply of a Building that is not new (ie second hand, existing, renovated or refurbished Building), then same is sold on an as is where is basis, with all faults and defects, whether apparent or not and no warranties whatsoever (express or implied) shall be provided by Heartland Homes Project in connection with same.

16.3 Appliances, equipment and accessories purchased by Heartland Homes Project that are incorporated into the Building (whether a new Building under clause 16.1 or a second hand building under clause 16.2) or any equipment manufactured by Heartland Homes Project in connection with the Building or this Contract or that are delivered separately will only be subject to any warranty (or balance thereof) provided by the original manufacturer, to the extent that there is one and same is assignable. Heartland Homes Project does not offer any extension on the manufacturer's warranty whatsoever for Accessories.

16.4 If the Building or any Accessories are to be repaired for any reason whatsoever then You will be liable to bear all of the cost of the return and delivery if onsite repair is impractical, as determined by Heartland Homes Project, in its discretion.

16.5 Any repairs, modifications, movement, relocation, positional change, improvements or additional works of any nature that are carried out by You or any other person without the express written consent of Heartland Homes Project will void any warranties provided under this Contract and will otherwise be at Your sole risk and expense. Heartland Homes Project will not accept any responsibility for any unauthorised works, including any actions, Claims and Liabilities in respect of death, damage or injury to any person or property resulting directly or indirectly therefrom.

16.6 This warranty shall not apply where the damage complained of was caused by an Act of God or any act, or omission, negligence or contributory negligence of You, its servants or agents or another.

16.7 You acknowledges that it has:-

(a) Had the opportunity to inspect the Building prior to Practical Completion; and

(b) Having inspected or declined to inspect (as the case may be), accepts the Building on an as is, where is basis, in its current state, with all faults and defects, whether apparent or not.

(c) Understood and accept that if the building has travelled by road and/or water to be delivered to your site, it might be subject to wear and tear of a reasonable nature during its travels and is not covered under a defective workmanship claim or warranty repair, unless approved by Heartland Homes Project in writing.

16.8 Save for those set out above, Heartland Homes Project makes no express or implied warranties in relation to:-

(a) The fitness of the Building for any particular purpose;

(b) The merchantability of the Building;

(d) Any consents, licenses or approvals with respect to the Building; or

(e) The lawfulness of any use(s) for which You may intend to use or operate the Building on Site.

16.9 Heartland Homes Project will not be liable to You, or any third party, for any death, injury, loss or damage (including but not limited to Consequential Loss) in connection with the Building or this Contract, or any activities or works undertaken by it its employees, contractors, agents or representatives whilst on Site.

16.10 To the full extent permitted by law, Heartland Homes Project excludes and is not liable for any condition or warranty (of any kind) that is not expressly set out in this Contract.

16.11 To the full extent permitted by law, Heartland Homes Project excludes and is not liable for any condition or warranty not expressly stated in this Contract. However, consumers are entitled to replacement or refund in cases of major failures and to compensation for any reasonably foreseeable loss or damage. For non-major failures, repair or replacement will be provided as required by Australian Consumer Law.16.12 Heartland Homes Project will not be liable for any losses or damages suffered by You as either a direct or indirect consequence of any statutory or regulatory non-compliance whatsoever resulting from any act or omission on the part of You.

16.13 It is expressly agreed that You will not Object or pursue any Claim against Heartland Homes Project and will not hold Heartland Homes Project liable for any Liabilities, losses or damages suffered by You as either a direct or indirect consequence of any SALE AND PURCHASE TERMS AND CONDITIONS change to any statutory requirement or regulatory compliance issue whatsoever that occurs after the commencement of the Contract.

16.14 In the event that an insurance claim results in the insurer paying a sum of money, You will only require Heartland Homes Project to make good loss or damage up to a maximum amount obtained from the insurer and Heartland Homes Project shall not be liable to You whatsoever for any other Liabilities or Consequential Loss.

17. Default by Client

17.1 In the event that You:-

(a) Fail to pay any amount due under this Contract, whether notice is given by Heartland Homes Project or not; or

(b) Fail to comply with any obligation under this Contract;

17.2 Upon the occurrence of an Event of Default and without limiting any other rights at law, in equity or elsewhere, Heartland Homes Project may (but are not obliged to):-

(a) Suspend performance of or terminate this Contract, by notice in writing to You;

(b) Declare the balance of the Price immediately due and payable by You;

(d) Retake possession of the Building and remove same from the Site, at Your expense; or

(e) Remedy any default committed by You under this Contract, at Your expense.

17.3 In the event that Heartland Homes Project terminates this Contract due to breach, You will be no longer entitled to possession of the Building and You:-

(a) Irrevocably grant to Heartland Homes Project the licence and authority to enter upon the Site where the Building is located and use such reasonable force as may be necessary for the purpose of removal of any Building sold to You, together with any property in, on or attached to the Building (regardless of whom such property may belong to) at Your sole cost and expense; and

(b) Must immediately return the Building to Heartland Homes Project (at Your cost and expense) and nothing in this Contract gives You any express or implied right or entitlement to sell, hire, lease, encumber, or grant any right or interest whatsoever in the Building, nor any right to set off, deduct, withhold or counterclaim against any amounts that may be due and owing to Heartland Homes Project.

17.4 If Heartland Homes Project repossesses the Goods from any Site and retains, sells or otherwise disposes of the Building or any items within the Building, then You hereby releases and indemnifies Heartland Homes Project for all claims, costs, Liabilities, Consequential Loss and any other matters arising there from, including in respect of any legal costs, on a full indemnity and solicitor client basis.

17.5 Heartland Homes Project will have all rights and remedies set out in this Contract in addition to those otherwise available at law. All such rights and remedies are cumulative. You must pay all costs and expenses paid or incurred by Heartland Homes Project in enforcing its rights under or in connection with this Contract, the supply and installation (if applicable) of the Building including, without limitation, legal fees and court costs on a full indemnity and solicitor client basis.

17.6 Heartland Homes Project may also set off any amounts owing by Heartland Homes Project to You as against any amounts owing by You to Heartland Homes Project and make a demand upon You for security and any legal or other costs incurred by Heartland Homes Project shall be recoverable by Heartland Homes Project as against You on a full indemnity and solicitor client basis.

18. Security

18.1 As further security for the performance of Your obligations under this Contract, including (without limitation) those in respect of payment, You and the Guarantors (both jointly and severally):-

(a) Mortgage and charge in favour of Heartland Homes Project all of its interest in any freehold land in Australia, both present and future and agrees that Heartland Homes Project shall have in respect of such land those powers given to a mortgagee by the Property Law Act 1974 (Qld), or equivalent State legislation, where the mortgage is by deed; and (b) Grant a security interest as defined in the Personal Property Securities Act 2009 (Cth) and charges in favour of Heartland Homes Project all other assets and personal property, including, without limitation, all fixtures, stock, goods, motor vehicles and plant and equipment of You and the Guarantors (jointly and severally), both present and future.

18.2 When required by Heartland Homes Project, You and/or the Guarantors will, immediately and at their own cost, execute a mortgage, charge, caveat or consent to caveat in registerable and proper form of such freehold property, leasehold property, fixtures, stock, goods, motor vehicles and plant and equipment and any other chattels, containing such covenants and provisions as Heartland Homes Project considers necessary to give effect to the mortgages and charges created and will do all things reasonably required by Heartland Homes Project to perfect or register any such interests.

18.3 You and the Guarantors (jointly and severally) irrevocably appoint as its duly constituted attorney Heartland Homes Project and its director(s) from time to time (jointly and severally) to execute in the granting party’s name and as the granting party’s act and deed any real property mortgage, security interest (including registration thereof) bill of sale or consent to any caveat Heartland Homes Project may choose to lodge against any property (real or personal) that the granting party may own in any Land Titles Office , PPSR or other regulatory or other supervisory or governmental authority in any state or territory of Australia, even though that party may not have defaulted in carrying out its obligations hereunder.

19. Buyback Option

19.1 If You decide to resell part or all of the Building under the Contract, then you shall first offer the Building for sale to Heartland Homes Project at a price and on terms stipulated by You.

19.2 If Heartland Homes Project elects to purchase the Building from You then in such case You shall warrant that it has title in the Building, free of all encumbrances, charges or other security interest or claims and that there are no impediments for the completion of such sale whatsoever.

19.3 If Heartland Homes Project elects not to purchase the Building, then You may sell the Building to any third party provided that the terms and price of such sale are not more favourable to the third party than those offered to Heartland Homes Project unless Heartland Homes Project consents in writing to the contrary.

20. Confidential Information, Specifications and Drawings

20.1 This Contract and all negotiations leading to its execution, together with all documents whatsoever disclosed by Heartland Homes Project to You are to be treated as confidential by You (“Confidential Information”) and will not be disclosed by You to any third party without Heartland Homes Project’ written consent, unless same is already in the public domain.

20.2 Each party acknowledges that:-

(a) The other party may suffer financial and other loss and damage if any unauthorised act occurs in relation to Confidential Information of the other party, and that monetary damages would be an insufficient remedy; and

(b) In addition to any other remedy available at law or in equity, the other party is entitled to injunctive relief to prevent a breach of and to compel specific performance of this clause 20.

20.3 Heartland Homes Project retains all copyright and intellectual property rights whatsoever in all materials it uses or provides to You relating to the performance of the Contract.

20.4 If You provide Heartland Homes Project with any drawings, plans, specifications or other material or documents (“the Documents”) then You warrant that it is entitled to use those Documents and indemnifies and holds harmless Heartland Homes Project from any Claims or Liabilities that may be brought against Heartland Homes Project in relation thereto, including any legal costs in connection with such matters on a full indemnity and solicitor client basis.

20.4 Heartland Homes Project will not be liable to You or any other person in respect of any faults, flaws or defects in the Documents provided to it by You in connection with this Contract, or in respect of any materials or manufacturing methods recommended in any such Documents, or any lack thereof. In absence of any specific instructions in the Documents from You, Heartland Homes Project will utilize any materials or manufacturing methods it considers appropriate in order to achieve Practical Completion and will not be liable to You for any Claims or Liabilities in connection with same.

21. Disputes

21.1 If the dispute is not resolved by negotiation within 28 days of receipt of an invitation to negotiate, the parties will attempt to resolve in good faith through an Alternative Disputes Resolution procedure (ADR). If this is unsuccessful then either party can refer the matter to arbitration.

22. Assignment and Subcontracting

22.1 Heartland Homes Project may assign or subcontract any part of its obligations under this Contract without having to firstly obtain the consent of You.

22.2 This Contract is personal to You and may not be assigned by You without the express written consent of Heartland Homes Project.

23. Payments and Set Off

23.1 Heartland Homes Project may apply any payments received from You to any part of any amount owing to Heartland Homes Project at sees fit.

23.2 If an amount is payable by Heartland Homes Project to You, Heartland Homes Project is entitled to set-off against that amount any amount payable by You to Heartland Homes Project, whether that amount is payable under this Contract or otherwise.

24. Notices

24.1 Any notice or communication under this deed may be sent by electronic mail, facsimile, post or delivered to the address of the addressee in the Purchase Transaction or elsewhere in this Contract or as may be subsequently notified from time to time, or to the registered office of the addressee.

24.2 If:-

(a) Posted, the notice or communication is deemed received on the second Business Day after posting; and

(b) Sent by email or facsimile, is deemed to have been received upon the generation of a transmission or delivery receipt from the sender’s computer, email server or software program or facsimile machine.

25. GST

25.1 Unless otherwise stated, all prices or amounts set out in the Purchase Transaction or elsewhere in this Contract are exclusive of GST and any other taxes or duties.

25.2 Where GST is imposed on a supply made under this Contract, You must pay or provide the GST exclusive amount of consideration for the supply and in addition to and at the same time, You must pay an additional amount which is equal to the amount of Heartland Homes Project’ GST liability for that supply.

26. General

26.1 You warrant that:-

(a) You have the right and authority to enter into this Contract and perform your obligations hereunder;

(b) entry into this Contract will not cause it to be in breach of any arrangement, agreement or understanding to which it is or has been a party;

(c) You have had sufficient time and opportunity to consider the Contract and, obtain legal, financial and other professional advice in relation to same and otherwise satisfy itself as to the suitability of this arrangement for itself.

26.2 This Contract does not create or evidence a partnership, joint venture, agency or relationship of employer and employee between the parties.

26.3 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing.

26.4 This Contract is the entire agreement and understanding between the parties on everything connected with the subject matter of this Contract and supersedes any prior agreement or understanding on anything connected with that subject matter. To the extent permitted by law,

26.5 Each party must promptly at its own cost do all things (including executing and if necessary delivering all documents) necessary or desirable to give full effect to this Contract.

26.6 If You instruct Heartland Homes Project in writing or Heartland Homes Project considers any instruction from You, whether verbal or written to be an instruction to perform a variation, then Heartland Homes Project will perform the variation but only after You have agreed to the price or cost of such variation, in writing. The agreed price of the variation will be added to or deducted from the Price and any extension estimates to any timeframes shall be given accordingly.

26.7 If anything in this Contract is unenforceable, illegal or void then it is severed and the rest of this Contract remains in force.

26.8 This Contract is enforceable even if there are details missing from the Purchase Transaction or elsewhere.

26.9 The liability of a party is not affected by the failure by any person to execute this Contract.

26.10 This Contract may be executed in counterparts. All executed counterparts constitute one document.

26.11 The law of the state of Queensland governs this deed. The parties submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia.

26.12 You are liable to pay all duty, interest and penalties in connection with this Contract and hereby releases and indemnifies Heartland Homes Project in connection with same or any payments or receipts hereunder.

27. Guarantee and Indemnity

27.1 In consideration of Heartland Homes Project entering this Contract at the request of the Guarantor (which request is confirmed by the execution by the Guarantor), the Guarantor guarantees to Heartland Homes Project payment of all moneys and performance of all other obligations by You under this Contract, including payment of any damages that may result from a breach thereof.

27.2 If Heartland Homes Project incurs any loss as a result of a default by You under this Contract, the Guarantor indemnifies Heartland Homes Project, on a full indemnity basis (including in respect of legal costs on an indemnity basis), against such loss.

27.3 The Guarantor’s liability under this clause 27 will not be affected:-

(a) If Heartland Homes Project allows any concession, indulgence of waiver in respect of You;

(b) If Heartland Homes Project does not sue You or does not exercise any other right hereunder;

(d) If Heartland Homes Project terminates or exercises any other right hereunder;

(e) If You dies or becomes incompetent or suffers an Insolvency Event, or if this Contract is not enforceable against You because of any lack of capacity, illegality, improper execution or authorization or a disclaimer by any liquidator or trustee in bankruptcy of You;

(f) If there is more than one Guarantor, if any other of them has not signed this Contract or suffers an Insolvency Event;

(g) By the release or discharge (wholly or partly) of You or any other Guarantor from any obligations on the part of You or any Guarantor under this Contract (either with or without consideration or by operation of law) or by any other security, agreement or arrangement in respect of this Contract;

(h) By any transaction, arrangement or agreement in respect of this Contract or otherwise between Heartland Homes Project and You or Heartland Homes Project and any other Guarantor;

(i) By any other event, act, omission, neglect, mistake, laches or default by Heartland Homes Project or any person where the Guarantor’s liability to Heartland Homes Project would, but for this provision, have been affected or discharged;

27.4 The liability of the Guarantor will continue until You have paid all moneys and performed all of Your other obligations under this Contract;

27.5 If Heartland Homes Project assigns its interest in this Contract, Heartland Homes Project may also assign the benefit of the Guarantor’s obligations hereunder;

27.6 The obligations of the Guarantor hereunder are principal obligations and will not be treated as ancillary to any other obligations however created, including the obligations of You;

27.7 If You suffer an Insolvency Event and that results in claims by creditors, the Guarantor agrees:-

(a) It will not prove or claim in competition with Heartland Homes Project (even for amounts owing to the Guarantor other than as a result of the Guarantor being a surety for Heartland Homes Project), so as to diminish any distribution, dividend or payment which, buy for that proof, Heartland Homes Project would be entitled to receive arising out of that bankruptcy, assignment for the benefit of creditors, arrangements with credits, winding up, receivership or other demise; or

(b) It will, if required by Heartland Homes Project prove or claim in that bankruptcy, assignment, arrangement winding up, receivership or other demise of You; Any amount received by the Guarantor from any distribution, dividend or payment will be received and held by the Guarantor in trust for Heartland Homes Project and paid on demand to Heartland Homes Project in reduction of the amount owing by the Guarantor to Heartland Homes Project;

27.8 Heartland Homes Project may prove for the whole amount owing by You under this Contract in any payment to creditors arising out of Heartland Homes Project or a Guarantor suffering an Insolvency Event. No deduction need be made in such proof in respect of Heartland Homes Project’ receipt of amounts in reduction of the amount owing by reason of receipts from another course, such amounts being regarded for all purposes as payments in gross until payment of the whole of the amount of moneys owing is received by Heartland Homes Project;

27.9 If a claim is made that any payment or transaction affecting the moneys guaranteed and indemnified under this clause is void or voidable under any law relating to bankruptcy or the protection of debtors and that claim is upheld, conceded or compromised, Heartland Homes Project will:

(a) Immediately become entitled against the Guarantor to all rights in respect of those moneys as it would have had if the payment or transaction (or so much of it as is held or conceded to be void or voidable or as is foregone on compromise) did not place; and

(b) Be entitled to recover from the Guarantor all reasonable costs and expenses (including legal costs on an indemnity basis) incurred by Heartland Homes Project in connection with any negotiations or proceedings relating to that claim.

27.10 Any compromise or concession made by Heartland Homes Project in good faith will not be open to dispute by the Guarantor.

28. Storage Fees

28.1. If the customer is advised by Heartland Homes Project that their building is ready for delivery, but the customer indicates to Heartland Homes Project or agents that they are unable or unwilling to accept delivery of the building at the time or date described as the building is either:-

• (a) Returned to Heartland Homes Project holding facilities.

• (b) Held for a period time longer than a 60 minutes on a transport vehicle facilitated by Heartland Homes Project.

• (c) Remain at Heartland Homes Project holding facilities for longer than 7 days.

Then the customer will be charged the following rates at the discretion of Heartland Homes Project, such rates to be paid in full prior to delivery/redelivery:

• For 20ft units, a storage fee of $35.00 per product per week will apply until delivery or pickup is completed.

• For 40ft units, a storage fee of $75.00 per product per week will apply until delivery or pickup is completed.

• All other products will incur a storage fee of $15.00 per product per week until delivery or pickup is completed.

29. Replacements & Repairs

29.1 If replacement parts or materials are provided by Heartland Homes Project, installation costs are the consumer’s responsibility unless otherwise agreed in writing. If repairs are required by a licensed tradesperson, the consumer must cover these costs unless the issue arises directly from a manufacturing defect under warranty.

29.2 Any repairs or replacements on buildings completed by the customer or tradesperson are at the customers own expense unless agreed by Heartland Homes Project in writing.

30. Refunds and Cancellations:

(a) Heartland Homes Project does not offer cancellations or refunds for any customized orders unless otherwise agreed in writing. Customization includes modifications, designs, or specifications unique to the consumer’s request and not available in standard offerings.

(b) Heartland Homes Project does not offer cancellations or refunds due to change of mind or delivery/manufacturing delays, except as otherwise agreed in writing. Consumers retain rights under Australian Consumer Law for refunds or repairs in cases where products are faulty, significantly misrepresented, or fail to meet intended purposes.

31. Delivery:

(a) If you require the Building to be delivered to you, you are responsible for ensuring that you have appropriate machinery at the delivery location to accept delivery of your Building.

(b) If you do not have machinery at the delivery location and are unable to unload the Building, you must prearrange with Heartland Homes Project prior to dispatch, for either a delivery vehicle capable of unloading the Building at a safe and suitable location at the delivery site, or for an appropriate machine to meet a delivery vehicle onsite to unload the delivery vehicle. You accept that the addition of a vehicle capable of self unloading, or an additional machinery (such as forklift or crane) might incur additional fees which you are responsible for.

(c) If a delivery vehicle or machine organised by Heartland Homes Project is at your site for a period longer than 45 minutes, you might be responsible for additional charges.

(d) Our delivery operators will deliver to a safe, accessible location at the site. Should access issues arise, Heartland Homes Project and its operators are not liable for additional charges incurred in relocating or re-delivering the Building to an alternate location. Consumers must inform Heartland Homes Project within 24 hours of any transit-related damage to qualify for remedies, or the Building will be considered delivered in good condition.

(e) You must inform Heartland Homes Project in writing within 24 hours of receipt of the Building of any damage incurred during transit otherwise it is deemed delivered onsite undamaged.

(f) Heartland Homes Project offers deliveries Australia wide unless otherwise agreed in writing.

32. Storage:

(a) If you are unable to take delivery of the Building at the time allocated by Heartland Homes Project, Heartland Homes Project may charge you a storage rate of $50.00 per week until such time as you take delivery.

(b) All invoices including storage fees must be paid in full prior to delivery to your site.

33. Installation:

(a) Each Building will have its own installation guide within its own box. If in the event you are unable to locate your installation guide, Heartland Homes Project will send through a comprehensive installation guide.

(b) If you are unable to install the Building yourself, we recommend you engage a licensed tradesperson to install this. Any costs associated with this installation will be your responsibility.

(c) You are responsible for ensuring that your Building is installed in accordance within any guidelines and regulations by your local council, unless you engage Heartland Homes Project to assist with this process.

(d) You are responsible for ensuring your own safety and that of any persons installing the Building. Heartland Homes Project will not be liable for any loss, damage, injury or death associated with any installation or use of the Building.

34. Payments:

(a) All Buildings, as well as any storage costs incurred must be paid in full prior to dispatch.

(b) If You fail to accept delivery of the Building within three months from the date of notification that it is ready, Heartland Homes Project reserves the right to terminate this Contract and retain funds paid, to the extent necessary to cover reasonable storage and other costs incurred.