Melrose Park - Stage 5 (Dawn) Launch Offer Terms & Conditions:

1.            Promotions

1.1          Introduction

(a)           These Terms apply to 2 promotions that may be available to persons attending the onsite launch of Dawn on 5 April 2025 (Launch).

(b)           The relevant promotions (Promotions) are:

(i)            the 5% on Exchange Promotion (see clause 2 below for further details); and

(ii)           the $20,000 Rebate Promotion (see clause 3 below for further details).

(c)           By participating in a Promotion, a Participant agrees to be bound by these Terms. 

1.2          Eligible Buyers only

(a)           To be eligible to participate in a Promotion, a Participant must be an Eligible Buyer.  If a Participant participates in a Promotion, but they are not an Eligible Buyer, they will not be entitled to receive any Benefit under the Promotion.

(b)           For the purposes of these Terms, a person is an Eligible Buyer if the person meets all of the following criteria:

(i)            the person is a natural person or a company;

(ii)           in the case of a natural person, the person:

(A)          is over the age of 18 years; and

(B)          attends the Launch in person; and

(iii)          in the case of a company, the person has at least one director attend the Launch in person; and

(iv)          the person is not be an employee, agent or contractor of Sekisui House, or an Associate of an employee, agent or contractor of Sekisui House.

1.3          Exclusions

(a)           Agents and other similar persons

Despite anything in these Terms to the contrary, a Participant is not entitled to receive a Benefit in respect of a contract for sale if the Participant (or any Associate of the Participant) receives, or is entitled to receive, in respect of that contract, any remuneration, whether by way of commission, fee, gain, reward for services or otherwise.

(b)           Additional exclusions

Additional exclusions may apply under the specific Terms relating to a Promotion.

1.4          Sekisui House's discretion

Provided that it is reasonable, Sekisui House’s decision on any matter relating to a Promotion or a Benefit is final and binding, including regarding any disputes relating to the identity of a person or entitlement of a person to any Benefit.

2.            5% on Exchange Promotion

2.1          Promotion details

(a)           This promotion only applies in relation to Eligible Apartments.

(b)           Under this promotion, subject to these Terms, an Eligible Buyer will be permitted to pay the deposit under an Eligible Contract in the following instalments:

(i)            as to 5% of the price under the Eligible Contract (First Instalment), on 5 April 2025; and

(ii)           as to the balance of the deposit, on 30 September 2025.

(c)           For the purposes of this promotion, a contract is an Eligible Contract if it meets all of the following criteria:

(i)            it is a contract for the sale by Sekisui House of an Eligible Apartment;

(ii)           it is entered into on 5 April 2025;

(iii)          it is among the first thirty (30) contracts for the sale of lots in Dawn that are entered into on 5 April 2025; and

(iv)          the deposit payable under the contract is at least 10% of the price under the contract.

(d)           Despite anything in these Terms to the contrary:

(i)            an Eligible Buyer will only be entitled to receive the Benefit under this promotion if the First Instalment of the deposit under the Eligible Contract is paid before that contract is entered into; and

(ii)           time will be essential in respect of the payment of each instalment of the deposit under an Eligible Contract.

2.2          How to participate

A person participates in this promotion by entering into, on 5 April 2025, a contract for the sale by Sekisui House of an Eligible Apartment.

3.            $20,000 Rebate Promotion

3.1          Promotion details

(a)           This promotion only applies in relation to Eligible Apartments.

(b)           Under this promotion, subject to these Terms, Sekisui House will pay a $20,000 rebate (Rebate) to an Eligible Buyer where all of the following criteria are satisfied:

(i)            the Eligible Buyer, as purchaser, enters into a contract for the sale by Sekisui House of an Eligible Apartment;

(ii)           the relevant contract is entered into on 5 April 2025;

(i)            the Eligible Buyer pays on time and in full the deposit under the contract; and

(ii)           the Eligible Buyer:

(A)          completes the purchase under the contract; and

(B)          complies on time with its obligations regarding completion of the contract.

(c)           The Rebate will be paid or provided to the relevant Eligible Buyer either (at Sekisui House's election, in its sole discretion):

(i)            within 30 Business Days after completion of the relevant contract for sale, by electronic funds transfer to the bank account nominated by the Eligible Buyer; or

(ii)           as an adjustment to the balance of the price under the contract, on completion of that contract.

(d)           The Rebate is inclusive of any GST.

(e)           For clarity, the Rebate is not a price reduction.

3.2          How to participate

A person participates in this promotion by entering into, on 5 April 2025, a contract for the sale by Sekisui House of an Eligible Apartment.

3.3          Exclusions

(a)           Multiple purchasers

Despite anything in these Terms to the contrary, if there is more than one purchaser under a contract for sale in respect of which a Rebate is payable by Sekisui House under these Terms (Relevant Contract): 

(i)            only one Rebate can be claimed in respect of the Relevant Contract and any entitlement to a Rebate is held by the purchasers jointly; and

(ii)           a Rebate can only be claimed in respect of the Relevant Contract if all of the purchasers are entitled to a Rebate in respect of that contract.

(b)           Eligible Contracts entered into on the same day

Unless Sekisui House agrees otherwise in writing, a Rebate cannot be claimed in respect of a Relevant Contract (Subject Contract) if another Relevant Contract is entered into or was entered into by any of the purchasers under the Subject Contract (or their Associate) on the same date that the Subject Contract is entered into.

4.            Completion

For the purposes of these Terms, and unless Sekisui House agrees otherwise in writing, a contract for the sale is not completed unless:

(a)           all money payable by the purchaser under the contract has been paid;

(b)           all things that the purchaser under the contract is required to provide to the vendor on completion have been provided; and

(c)           a transfer of the relevant land naming the purchaser under the contract as the transferee is lodged for registration.

5.            Changes

(a)           Sekisui House reserves the right (in its absolute discretion) at any time and from time to time, without notice to any Participant, to:

(i)            withdraw or replace a Promotion;

(ii)           vary any of these Terms, including any specific Terms that apply to a particular Promotion; and/or

(iii)          change the Eligible Apartments.

(b)           Any such withdrawal, replacement, variation or change will not affect:

(i)            any Benefit accrued by an Eligible Buyer prior to the withdrawal, replacement, variation or change; or

(ii)           the rights of an Eligible Buyer under a contract for the sale of an apartment in Dawn.

6.            General Terms and Conditions

6.1          Entitlements are personal

Any entitlement of a Participant to a Benefit is personal to them and is not capable of being assigned or transferred in whole or in part to another person.

6.2          Participant obligations

A Participant must not:

(a)           abuse or misuse a Promotion;

(b)           engage in illegal or fraudulent activities including the supply of false or misleading information to Sekisui House; or

(c)           purport to sell, assign or transfer any Benefit or offer to sell, assign or transfer any Benefit.

6.3          GST and Tax

(a)           Any tax, duty or liability whatsoever in relation to any Benefit received under a Promotion will be the sole responsibility of the relevant Participant.

(b)           Participants should contact their accountant or tax advisor if they have any queries relating to the tax implications of any Benefit.

6.4          Severability

If any part of these Terms is deemed unlawful, void or unenforceable for any reason, then that part may be severed from these Terms and it will not affect the validity and enforceability of the remaining provisions.

6.5          Waiver

Any waiver by Sekisui House of its rights under any of these Terms will not be deemed a waiver of any term or provision and will be a single waiver limited to the specific circumstance under which such waiver was granted.

6.6          Governing Law

These Terms are governed by and are to be construed under the laws of New South Wales. Participants agree to submit to the exclusive jurisdiction of the courts of New South Wales and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms.

6.7          Promotion cannot be used in conjunction with another Promotion

(a)           A Promotion can be used or relied on in conjunction with another Promotion.

(b)           However, unless Sekisui House agrees otherwise in writing, a Promotion cannot be used or relied on in conjunction with any other applicable promotion, reward or incentive provided or offered by Sekisui House or any of its Related Entities.

6.8          Verification

Sekisui House reserves the right, at any time, to request verification of age, identity or other information relevant to participation in a Promotion.  Sekisui House reserves the right to exclude from participation in any Promotion any person who provides false information or fails to provide information that is reasonably requested by Sekisui House.  This clause applies despite anything in these Terms to the contrary.

6.9          Consequential loss

To the extent permitted by law, Sekisui House is not liable to a Participant for any indirect, consequential, exemplary, incidental, special or punitive damages or losses arising out of or in connection with the Participant's participation in a Promotion even if Sekisui House has been advised of the possibility of such damages or losses.

7.            Definitions

In these Terms, unless the context requires otherwise:

(a)           Associate:

(i)            in relation to a body corporate, means a Related Person or Related Entity of that body corporate; and

(ii)           in relation to a natural person, means any:

(A)          Spouse of that person; or

(B)          relative by blood or adoption of that person or that person's Spouse; or

(C)          Related Person of that person; or

(D)          entity of which the person is a Related Entity;

(b)           Benefit means any rebate, reward, concession or other benefit offered under a Promotion;

(c)           Business Day means any day other than a Saturday, a Sunday or a public holiday or bank holiday in New South Wales;

(d)           Dawn means Stage 5 of Sekisui House's Melrose Park development, being the stage known as "Dawn";

(e)           Eligible Apartment means the apartments in Dawn listed below, as changed by Sekisui House from time to time in accordance with 5:

(a)           Eligible Buyer has the meaning given in clause 1.2;

(b)           Eligible Contract has the meaning given in clause 2.1;

(c)           Promotions has the meaning given in clause 1.1;

(d)           Sekisui House means Sekisui House Australia Pty Limited (ABN 41 135 313 236), and includes its Related Entities and SH Melrose PP Land No. 2 Pty Limited (ACN 163 307 042);

(e)           Related Entity has the meaning given under the Corporations Act 2001 (Cth);

(f)            Related Person has the meaning given under the Duties Act 1997 (NSW);

(g)           Relevant Contract has the meaning given in clause 3.3;

(h)           Spouse has the meaning given under the Corporations Act 2001 (Cth);

(i)            Terms means these terms and conditions;

(j)            a reference to the singular includes the plural and vice versa;

(k)           if a word or phrase is defined, then any grammatical variation of that word or phrase has a corresponding meaning;

(l)            use of the word ‘including’ means ‘including, without limitation' or ‘including but not limited to'; and

(m)         $ or dollars means Australian dollars.