Terms & Conditions

Eligibility & Offer Conditions
These Terms & Conditions apply exclusively to the Bonus Essentials Inclusions. This package is applicable only to the main dwelling and excludes all secondary dwellings, including granny flats. These inclusions must be read in conjunction with your New Home Tender and applicable Building Contract.

Inclusions & Variations
The Bonus Essentials Inclusions are based on standard home configurations and typical site conditions. All items are subject to product availability, and IMSU reserves the right to substitute any product with a similar item of equal or greater value without notice.

No credits, refunds, or discounts will be applied for deleted or omitted items. No credits will be applied for any changes or removal of items listed in the Bonus Essentials Inclusions. Client-requested variations, or variations required due to site-specific conditions, design changes, or authority-imposed requirements, may attract additional charges.

Site Requirements & Additional Costs
The Bonus Essentials Inclusions assume standard building conditions, including a level platform with up to 1m of fall, an “M” class slab, and standard piering. Additional charges apply for non-standard conditions such as:

• Rock excavation, soil removal, or contaminated ground
• H-class or P-class slab classifications
• Additional piering, dropped edge beams, or saline soil treatment
• Bushfire, flood, or acoustic compliance requirements
• Developer or authority-imposed conditions or contributions (e.g. Section 7.11 levies)

All site-related costs will be confirmed following a site inspection, contour survey, and soil testing. Please refer to your New Home Tender for final pricing.

Exclusions
The Bonus Essentials Inclusions do not cover; landscaping, fencing, retaining walls, driveways over 50m², decorative external finishes, window furnishings, light fittings beyond standard specifications, swimming pools, spas, pergolas, or furniture and styling items depicted in marketing materials. These items are for illustrative purposes only and not included unless specified in the New Home Tender.

Marketing & Promotional Imagery
Images, renders, and promotional content may feature upgraded items or finishes not included in the Bonus Essentials package. Display homes may contain variations from standard inclusions. Clients must refer to their signed New Home Tender and Building Contract to confirm all specifications.

Contractual Terms
These inclusions apply to new contracts signed on or after 1 March 2025 and are subject to change without notice at IMSU’s discretion. The Bonus Essentials package is fixed and cannot be exchanged or modified for alternative offerings. For information regarding structural coverage, refer to the IMSU Lifetime Structural Warranty Terms & Conditions*.

*Applicable to Elite Living Inclusions only.

Copyright & Intellectual Property
All plans, specifications, documents, images, and promotional materials are the exclusive property of IMSU. Reproduction, adaptation, or distribution is strictly prohibited without prior written consent.

Eligibility & Offer Conditions:

The Terms & Conditions herein are in reference to the Superior Comfort Inclusions only. Clients must select one of the available inclusion packages: Superior Comfort Inclusions or Elite Living Inclusions. These inclusions apply only to the main dwelling and do not extend to secondary dwellings, including granny flats. These inclusions must be read in conjunction with the Bonus Essentials inclusions and New Home Tender.

Inclusions & Variations:

The items included in the Superior Comfort Inclusions package are subject to the standard home configuration and number of fixtures. The inclusions offered are subject to availability, and IMSU reserves the right to substitute any items with similar alternatives without prior notice or obligation. Ceiling height references indicate nominal structural heights and not finished surface levels. Any upgrades beyond the chosen inclusions will incur additional costs. There are no credits, refunds, or cash alternatives for any items omitted or removed from the inclusions.

Site Requirements & Additional Costs:

Standard site costs assume a level building platform with up to 1m of cut and fill, “M” class slab, and piering as per site classification. Additional costs may apply for site-specific requirements including but not limited to rock excavation, soil removal, saline soil treatment, additional piering, dropped edge beams, H-class slab classification, bushfire, acoustic, and flood compliance, and developer, council, or statutory authority requirements. Site costs will be confirmed following site inspection, contour survey, and soil testing. Please refer to your New Home Tender for further information.

Exclusions:

Photographs may depict items not supplied by IMSU and/or excluded from the Superior Comfort Inclusions such as: landscaping, fencing, retaining walls, driveways, pathways, decking, window furnishings, light fixtures beyond standard inclusions, swimming pools, spas, pergolas, water features, any custom design modifications or non-standard façade selections, and furniture and decorative elements shown in marketing imagery. Please refer to your New Home Tender for further information.

Marketing & Promotional Imagery:

Images and renders used in materials may depict upgrades or optional items not included in this package. Display home features may vary from standard inclusions. Clients should refer to their New Home Tender and Contract for actual inclusions.

Contractual Terms:

These inclusions commence from 1/3/2025 and are subject to updates at IMSU’s discretion. The Superior Comfort Inclusions package cannot be modified or exchanged for an alternative offering. IMSU Homes reserves the right to update these terms at any time. For IMSU’s Lifetime Structural Warranty, please refer to IMSU’s Lifetime Structural Warranty Terms & Conditions.

Copyright & Intellectual Property:

All plans, designs, and materials are the exclusive property of IMSU. They must not be copied, reproduced, or distributed without permission.

Eligibility & Offer Conditions:

The Terms & Conditions herein are in reference to the Elite Living Inclusions only. Clients must select one of the available inclusion packages: Superior Comfort Inclusions or Elite Living Inclusions. These inclusions apply only to the main dwelling and do not extend to secondary dwellings, including granny flats. These inclusions must be read in conjunction with the Bonus Essentials inclusions and New Home Tender.

Inclusions & Variations:

The items included in the Elite Living Inclusions package are subject to the standard home configuration and number of fixtures. The inclusions offered are subject to availability, and IMSU reserves the right to substitute any items with similar alternatives without prior notice or obligation. Ceiling height references indicate nominal structural heights and not finished surface levels. Any upgrades beyond the chosen inclusions will incur additional costs. There are no credits, refunds, or cash alternatives for any items omitted or removed from the inclusions.

Site Requirements & Additional Costs:

Standard site costs assume a level building platform with up to 1m of cut and fill, “M” class slab, and piering as per site classification. Additional costs may apply for site-specific requirements including but not limited to rock excavation, soil removal, saline soil treatment, additional piering, dropped edge beams, H-class slab classification, bushfire, acoustic, and flood compliance, and developer, council, or statutory authority requirements. Site costs will be confirmed following site inspection, contour survey, and soil testing. Please refer to your New Home Tender for further information.

Exclusions:

Photographs may depict items not supplied by IMSU and/or excluded from the Elite Living Inclusions such as: landscaping, fencing, retaining walls, driveways, pathways, decking, window furnishings, light fixtures beyond standard inclusions, swimming pools, spas, pergolas, water features, any custom design modifications or non-standard façade selections, and furniture and decorative elements shown in marketing imagery. Please refer to your New Home Tender for further information.

Marketing & Promotional Imagery:

Images and renders used in materials may depict upgrades or optional items not included in this package. Display home features may vary from standard inclusions. Clients should refer to their New Home Tender and Contract for actual inclusions.

Contractual Terms:

These inclusions commence from 1/3/2025 and are subject to updates at IMSU’s discretion. The Elite Living Inclusions package cannot be modified or exchanged for an alternative offering. IMSU Homes reserves the right to update these terms at any time. For IMSU’s Lifetime Structural Warranty, please refer to IMSU’s Lifetime Structural Warranty Terms & Conditions.

Copyright & Intellectual Property:

All plans, designs, and materials are the exclusive property of IMSU. They must not be copied, reproduced, or distributed without permission

This guarantee applies to building contracts signed from 1 March 2025 and is offered in addition to statutory warranties and homebuilder liability schemes applicable in New South Wales. The following Terms and Conditions outline the scope, limitations, and exclusions of the IMSU Lifetime Structural Guarantee.

Who is Covered?

This guarantee is exclusively provided to the original owner(s) named in the signed building contract for an IMSU home. The guarantee is non-transferable and ceases upon the sale or transfer of the property to a new owner or entity.

Scope of the Guarantee

IMSU will rectify, at its own cost, any structural failure in the following key structural elements of your home:

1. Foundation Systems, including slabs, piers, and footings, designed in accordance with the Building Code of Australia (BCA) and relevant Australian Standards such as AS 2870

2. Structural Timbers and Steel, such as wall and roof framing materials, designed to comply with AS 1684

3. Load-Bearing Brickwork, designed in accordance with AS 4773

Structural failure is defined as significant physical damage or defects that compromise the stability, safety, or intended function of the home, including ‘Damage Category 3’ or higher as per AS 2870.

Exclusions

The following circumstances are excluded from the IMSU Lifetime Structural Guarantee:

Maintenance and Owner Responsibilities

Failure to maintain the home as per IMSU’s guidelines or provided documentation, including:

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

• IMSU’s care and maintenance documentation

This includes neglecting termite protection (including annual inspections by a licensed contractor, as required by AS 3660.1), failure to maintain fittings and fixtures such as drains and plumbing systems, and poor drainage or landscaping practices that allow water pooling or root intrusion.

Extraordinary Events

Damage resulting from events beyond IMSU’s control, including but not limited to:

• Natural disasters such as storms, hail, earthquakes, bushfires, or floods

• External impacts like falling trees or collisions

• Civil disturbances, vandalism, or unauthorised excavation

It is the homeowner’s responsibility to obtain appropriate insurance for these events.

Alterations and Modifications

The guarantee is void if structural modifications are made to the home after completion. This includes:

• Renovations, extensions, or structural alterations

• Significant landscaping works, pools, or excavation conducted without prior written approval from IMSU

Environmental and Natural Causes

Defects caused by abnormal site conditions or changes, such as:

• Poor drainage, leaking plumbing, or subsurface water

• Damage from tree roots, inadequate landscaping, or neighbouring activity

• Seasonal ground movement resulting in minor settlement or shrinkage cracks, as defined in AS 2870 Appendix B

Wear and Tear

The guarantee does not cover:

• Cosmetic or superficial defects such as marks, scratches, or wear to finishes, fixtures, or appliances

• Normal ageing or fair wear and tear of materials over time

Limitations of Liability

IMSU’s liability is limited to the repair or replacement of defined structural elements. IMSU is not liable for:

1. Indirect or consequential damages including damage to non-structural components, landscaping, furniture, or personal items

2. Costs associated with temporary accommodation, home unavailability, or storage during repairs

Your Responsibilities

To maintain the validity of this guarantee, homeowners must:

1. Maintain the home in accordance with IMSU’s provided guidelines, including termite protection and landscaping

2. Keep detailed records of all maintenance activities, including termite inspections and plumbing checks

3. Notify IMSU immediately upon identifying a potential structural issue

Making a Claim

To make a claim under this guarantee:

1. Notify IMSU in writing (via email or post), providing a description of the issue and any supporting documentation or photos

2. IMSU will inspect the property, appoint an independent assessor if needed, and if the issue qualifies under the guarantee, rectify the structural failure within a reasonable timeframe

Effective Date

This guarantee applies to all IMSU building contracts signed on or after 1 March 2025.

Contact Details

For questions or claims, contact:

IMSU Customer Care
Phone: 1300 918 980
Email: info@imsu.com.au

Final Note

By signing the building contract, you acknowledge and agree to the terms outlined in this IMSU Lifetime Structural Guarantee.

General Disclaimer:

All marketing content (eBooks, brochures, guides, renders, videos) is informational and not a contract.

Designs & Inclusions:

Marketing content may include upgrades not in standard inclusions. Always refer to your New Home Tender.

Product Specification:

James Hardie and other product references are illustrative only. Availability may vary and IMSU reserves the right to substitute products.

Visuals & Renders:

All visuals are artist impressions and may differ from final product due to revisions or site constraints.

Pricing:

Any prices shown are indicative only. Final pricing is confirmed through the tender process.

IP & Copyright:

All material is owned by IMSU. No reproduction allowed without written permission.

Lead Consent:

By downloading materials, users consent to contact by IMSU for sales follow-up.

Campaign Disclaimers:

Campaigns such as IMSU x James Hardie Japandi are time-limited. Offers may be changed or withdrawn at any time.

IMSU Impact Initiative – Terms & Conditions

Eligibility & Scope:
These Terms & Conditions apply to the IMSU Impact Initiative Scheme and Form.

Overview of the Initiative:
The IMSU Impact Initiative is a charitable program through which IMSU PTY LTD (ABN: 93 637 644 350), trading as IMSU, donates a portion of the contract value for each new home built to one of three nominated charities, as selected by the client. Participating charities include:

• Cancer Council Australia
• Variety – the Children’s Charity NSW
• Animal Welfare League NSW

Donation Amount:
IMSU will contribute 0.05% of the total Contract Value (including GST) as stated in the signed HIA Building Contract. This donation is made independently by IMSU and does not affect the client’s contract price or result in any additional charges.

Eligibility Requirements:
To qualify, clients must:

1. Sign the Tender document, HIA Building Contract, and Preliminary Agreement within five (5) working days of presentation (either physically or digitally); and
2. Pay the Preliminary Agreement fee within five (5) working days of signing.

Once both conditions are satisfied, the charity nomination is confirmed, and the donation will be allocated accordingly.

Charity Selection & Allocation
The full donation must be allocated to a single charity nominated by the client. The donation amount cannot be split across multiple charities.

Donation Timing
All donations under the IMSU Impact Initiative are accumulated and distributed annually, during the first week of December each year. Contracts signed during December will have their corresponding donation made in December of the following year.

Termination of Contract
If a contract is terminated – regardless of reason or responsible party – IMSU will still honour the original donation based on the signed Contract Value and will issue the payment to the selected charity on the same annual schedule.

Non-Transferable Selection
Once the Charity Nomination Form is completed and submitted at the time of Tender acceptance, the selected charity cannot be changed.

Privacy & Consent
By submitting the IMSU Impact Initiative Form, the client consents to IMSU using their personal information solely for the administration of the IMSU Impact Initiative, in accordance with the IMSU Privacy Policy. IMSU will not share client data with third parties except as necessary for program fulfilment.

Tax Implications
The donation is made by IMSU as a corporate contribution and is not tax-deductible for the client. No tax receipts will be issued to clients. Clients are encouraged to seek independent tax advice if required.

Program Modifications
IMSU reserves the right to amend, extend, or cancel the IMSU Impact Initiative at any time. However, any such changes will not affect clients who have already executed all necessary agreements under the program.

Governing Law
These Terms & Conditions are governed by the laws of New South Wales, Australia.

© 2025 IMSU Pty Ltd (ABN 93 637 644 350).

Copyright in this website subsists under the Copyright Act 1968 (Cth). It is owned by IMSU Pty Ltd unless otherwise stated. All rights reserved. You are provided access to this website for personal use only. You may print a copy of information contained on this website for your personal use, unless such printing is expressly prohibited. You may not on-sell or otherwise commercialise any information obtained from this website. Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws or as expressly authorised by these terms and conditions, 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 without the specific written consent of IMSU Pty Ltd.

Links hosted on this website to other websites beyond the control of IMSU Pty Ltd are solely provided for the convenience of the user. Such links do not represent any official endorsement or approval of any such website, product, organisation, or service. We are not responsible for the content or privacy practices of any such website, nor do we endorse any of its content unless stated specifically.

IMSU Pty Ltd offers no guarantee regarding the accuracy, adequacy or completeness of any information presented on the website. Intending purchasers should make their own inspections and enquiries. Photographs, render or artists impressions are for indicative, illustrative purposes only and may not represent finished product in actuality. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. IMSU Pty Ltd accepts no responsibility for any loss, damage, cost or expense (whether direct or indirect) suffered or incurred by you as a result of or in connection with your use of this website or any linked website or your reliance on any information contained or accessed through this website. This disclaimer does not attempt or purport to exclude liability arising under statute or law if, and to the extent, such liability cannot be lawfully excluded.

As a matter of law, all plans, designs, illustrations, photos, images or other similar material produced by IMSU Pty Ltd, across all forms of publication, or represented in actual homes are the intellectual property of IMSU Pty Ltd. This property may not be may be reproduced, adapted, stored, distributed, printed, displayed, performed, published, communicated or transmitted in any form or by any means or process without the specific written consent of IMSU Pty Ltd.

1. Definitions

In these Terms and Conditions:

Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales.

Client means the individual or entity that pays the Initial Deposit to IMSU and, where applicable, the individual or entity named in the New Home Tender, Preliminary Agreement or Building Contract with IMSU.

Design Experience means the promotional offer described in clause 3.

Gala Event means the Duality Unveiled Gala Event conducted by IMSU on 18 April 2026.

Household means the Client, the Client’s spouse or de facto partner, and any company, trust or other entity controlled by any of them.

IMSU means IMSU Pty Ltd ABN 93 637 644 350.

Initial Deposit means the initial deposit paid by the Client to IMSU to commence Phase 1 of the Design Experience before acceptance of the New Home Tender and before execution of the Preliminary Agreement.

New Home Tender means the written tender, pricing and related tender documents issued by IMSU to the Client following completion of Custom Plan and Facade Development.

Preliminary Agreement means IMSU’s preliminary agreement for the proposed home.

Building Contract means the residential building contract entered into between IMSU and the Client for the construction of the proposed home

Tender Progression Requirements means that:

(a) the Client has accepted the New Home Tender in writing;
(b) the Client has signed the Preliminary Agreement; and
(c) IMSU has received in cleared funds all amounts expressly payable by the Client at that stage under the New Home Tender and the Preliminary Agreement.

Lot means the single parcel of land nominated by the Client for the purposes of the Design Experience.

Outputs means all plans, facades, sketches, moodboards, concepts, decks, notes, renderings, presentations, schedules and other materials created or issued by IMSU as part of the Design Experience.

Promotional Period means the period commencing at 12:01am on 18 April 2026 and ending at 11:59pm on 1 May 2026.

Tender Pricing means IMSU’s tender pricing prepared using the final concept plan and facade produced under clause 6.1, subject to all normal site, engineering, consultant, supplier, statutory and contract requirements.

2. Acceptance

2.1 By paying the Initial Deposit during the Promotional Period and receiving written confirmation under clause 5.4(b), the Client agrees to be bound by these Terms and Conditions.

2.2 These Terms and Conditions apply only to the Design Experience. They do not replace, amend or override the Preliminary Agreement, New Home Tender, Building Contract or any other signed agreement between IMSU and the Client, except to the extent expressly stated in these Terms and Conditions.

3. The Offer

3.1 The Design Experience is a staged, deposit-initiated design process offered by IMSU for one nominated IMSU home design on one nominated Lot.

3.2 The Design Experience consists of the following components, in the following order:

(a) Custom Plan and Facade Development (Phase 1);

(b) Interior and Exterior Design Direction Consultation (Phase 2); and

(c) Landscape Concept Session (Phase 3).

3.3 Phase 1 becomes available only once the Client secures the Design Experience in accordance with clause 5.4.

3.4 Phase 2 and Phase 3 are conditional components. They will not be booked, commenced or delivered unless and until the Client has satisfied the Tender Progression Requirements.

3.5 For the avoidance of doubt, payment of the Initial Deposit entitles the Client to Phase 1 only. Payment of the Initial Deposit does not entitle the Client to Phase 2 or Phase 3.

3.6 The Design Experience is provided for the purpose of progressing the Client’s proposed home with IMSU through concept development and into Tender Pricing. It is not a stand-alone design service and is not a substitute for construction documentation, approvals documentation or a signed Building Contract.

4. Promotional Period

4.1 The Client must satisfy all eligibility requirements and pay the Initial Deposit during the Promotional Period.

4.2 IMSU may withdraw or amend the Design Experience at any time before a Client secures it under clause 5.4.

4.3 Once a Client secures the Design Experience under clause 5.4, IMSU may only:

(a) reschedule a session on reasonable notice;

(b) replace an individual consultant with another suitably qualified IMSU consultant or external consultant; or

(c) substitute an equivalent component where reasonably necessary due to consultant availability, illness, resignation, supplier constraints or circumstances beyond IMSU’s reasonable control, provided that the substitution does not materially reduce the scope of the Design Experience.

5. Eligibility and Release Conditions

5.1 A Client may secure Phase 1 of the Design Experience only if the Client:

(a) attended the Gala Event, or has received a written invitation from IMSU for an additional position under clause 5.2; and

(b) paid the Initial Deposit during the Promotional Period.

5.2 A limited number of additional Phase 1 positions may be offered by IMSU by written invitation only.

5.3 Availability is strictly limited and subject to consultant capacity.

5.4 Phase 1 of the Design Experience is secured only when:

(a) IMSU has received the Initial Deposit in cleared funds; and

(b) IMSU has issued written confirmation that the Client has secured Phase 1 of the Design Experience.

5.5 A Client becomes entitled to Phase 2 and Phase 3 only when the Client has satisfied the Tender Progression Requirements.

5.6 Until clause 5.5 has been satisfied, IMSU has no obligation to book, commence or deliver Phase 2 or Phase 3.

5.7 The Design Experience is limited to one per Household and one per proposed building contract.

5.8 The Design Experience is not available to:

(a) any client who paid an IMSU deposit before the Promotional Period;

(b) any client already in drafting, tender, selections, contract, documentation, construction or post-contract stages with IMSU; or
(c) any client seeking to apply the Design Experience to more than one Lot, more than one home design, or more than one proposed building contract.

6. Included Services

6.1 Phase 1 – Custom Plan and Facade Development

The following are included in Phase 1:

6.1 Phase 1 – Custom Plan and Facade Development

The following are included in Phase 1:

(a) one planning briefing session of up to 60 minutes with an IMSU drafting consultant;

(b) one initial concept floorplan prepared for one nominated IMSU home design on one nominated Lot;

(c) one initial concept facade prepared for that same home design and Lot;

(d) up to two (2) consolidated rounds of written client feedback on the concept floorplan and concept facade;

(e) one first revised concept floorplan and concept facade following the first consolidated round of feedback; and

(f) one final revised concept floorplan and concept facade following the second consolidated round of feedback, suitable for Tender Pricing.

6.2 Phase 2 – Interior and Exterior Design Direction Consultation

Phase 2 becomes available only after the Client satisfies clause 5.5.

The following are included in Phase 2:

(a) one design consultation of up to 3 hours with an IMSU design consultant, either in person or by video conference, as determined by IMSU;

(b) directional advice on interior palette, materials, finishes and exterior colour/material alignment; and

(c) one Design Direction Pack summarising the agreed design direction.

6.3 Phase 3 – Landscape Concept Session

Phase 3 becomes available only after the Client satisfies clause 5.5.

The following are included in Phase 3:

(a) one landscape concept consultation of up to 60 minutes with IMSU or a landscape consultant nominated by IMSU, either in person or by video conference, as determined by IMSU; and

(b) one Landscape Concept Deck showing concept-level outdoor zoning, planting character and hardscape intent only.

7. Strict Scope Limits

7.1 The Design Experience is limited to concept-level design input only.

7.2 The Design Experience does not include any of the following:

 

(a) engineering;

(b) structural design;

(c) construction drawings;

(d) council, CDC, DA or other approval documentation;

(e) final selections or selections documentation;

(f) electrical, lighting, joinery, cabinetry or shop drawings;

(g) detailed landscaping plans, irrigation plans, drainage plans, levels plans, planting schedules or construction details;

(h) working drawings for third-party pricing or third-party construction;

(i) quantity surveying, cost plans or cost-to-complete estimates;

(j) consultant coordination beyond the sessions expressly included in clause 6; or

(k) more than the two (2) consolidated revision rounds expressly included in clause 6.1.

7.3 No revisions are included for the Design Direction Pack or Landscape Concept Deck, other than correction of a clerical error notified by the Client within 3 Business Days after issue.

8. One Design / One Lot / One Brief

8.1 The Design Experience applies to one nominated IMSU home design and one nominated Lot only.

8.2 The Client must nominate the home design and Lot before the planning briefing under clause 6.1.

8.3 Any change to the nominated home design, Lot, orientation assumptions, site information, brief, scope, budget or core design direction after commencement of the Design Experience is outside the included scope.

8.4 If the Client requests a change referred to in clause 8.3, IMSU may, acting reasonably:

(a) treat the completed work to date as the full extent of the relevant Design Experience component already delivered; and

(b) charge additional fees at IMSU’s then-current rates for any further work requested by the Client.

9. Client Obligations

9.1 The Client must:

(a) provide accurate and complete information reasonably requested by IMSU, including site information, survey information, planning controls, easements, covenants, budget parameters and lifestyle brief information;

(b) complete all questionnaires and information requests within 5 Business Days after IMSU requests them;

(c) attend all booked sessions on time;

(d) (d) provide one consolidated set of written comments for each included revision round within 5 Business Days after issue of the relevant concept floorplan and concept facade;
(e) nominate one decision-maker or provide one consolidated instruction where there is more than one decision-maker; and

(f) act reasonably and in good faith during the Design Experience.

9.2 IMSU may suspend scheduling or delivery while required information remains outstanding.

10. Booking, Scheduling and Time Limits

10.1 IMSU will contact the Client within 5 Business Days after Phase 1 is secured under clause 5.4 to arrange booking of the Phase 1 planning briefing.

10.2 The Phase 1 planning briefing must be booked within 30 days after IMSU’s written confirmation under clause 5.4(b), and completed within 60 days after that confirmation, failing which Phase 1 automatically lapses unless IMSU agrees otherwise in writing.

10.3 If the Client satisfies clause 5.5, Phase 2 and Phase 3 must be booked within 30 days after IMSU confirms in writing that the Tender Progression Requirements have been satisfied, and completed within 90 days after that written confirmation, failing which Phase 2 and Phase 3 automatically lapse unless IMSU agrees otherwise in writing.

10.4 Each session may be rescheduled once only by the Client, provided the Client gives IMSU at least 2 Business Days’ written notice.

10.5 If the Client:

(a) fails to attend a session;

(b) arrives more than 15 minutes late to a session without prior written agreement from IMSU;

(c) cancels a session with less than 2 Business Days’ notice; or

(d) fails to provide required information in time for the session to proceed,

IMSU may treat that session as forfeited and fully used.

10.6 A forfeited session is not refundable, repeatable, transferable or creditable.

11. Delivery Timeframes

11.1 Subject to clause 11.2, IMSU will use reasonable efforts to issue:

(a) the initial concept floorplan and facade within 10 Business Days after the planning briefing and receipt of all required information;

(b) the first revised concept floorplan and concept facade within 10 Business Days after receipt of the Client’s first consolidated written feedback;

(c) the final revised concept floorplan and concept facade within 10 Business Days after receipt of the Client’s second consolidated written feedback;

(d) the Design Direction Pack within 10 Business Days after the design consultation; and

(e) the Landscape Concept Deck within 10 Business Days after the landscape consultation.

11.2 Any timeframe under clause 11.1 is automatically extended for any period during which:

(a) the Client has not provided required information;

(b) third-party site or planning information is incomplete, inaccurate or delayed;

(c) IMSU is waiting on consultant availability for a booked session; or

(d) circumstances beyond IMSU’s reasonable control prevent performance.

12. Additional Work and Fees

12.1 The Design Experience includes only the services expressly listed in clause 6.

12.2 Any work outside clause 6, including any additional revision, redraw, redesign, alternate option, alternate facade, alternate layout, alternate Lot test-fit, alternate colourway or reissue caused by a change in brief, will be charged at IMSU’s then-current rates if IMSU agrees to perform that work.

12.3 IMSU is under no obligation to perform additional work outside the Design Experience.

13. Nature and Use of Outputs

13.1 All Outputs are concept materials prepared solely for the Client’s evaluation of Tender Pricing and a potential building contract with IMSU.

13.2 Outputs:

(a) are not construction documents;

(b) are not suitable for certification, approval, engineering, tendering by third parties or construction by third parties;

(c) may change to reflect site conditions, engineering, consultant advice, statutory requirements, supplier constraints, selections, pricing outcomes and contract requirements; and

(d) do not guarantee that any item, finish, feature, material or design element will appear in the final Building Contract, working drawings or built home.

14. Intellectual Property and Licence

14.1 IMSU owns all right, title and interest, including all intellectual property rights, in the Outputs.

14.2 IMSU grants the Client a limited, non-exclusive, non-transferable licence to use the Outputs solely for the purpose of:

(a) reviewing IMSU’s Tender Pricing;

(b) considering whether to enter into a building contract with IMSU; and

(c) progressing the proposed home with IMSU.

14.3 The licence granted under clause 14.2 automatically terminates if the Design Experience lapses under clause 16 or if the Client breaches clause 14.4.

14.4 The Client must not, without IMSU’s prior written consent:

(a) use the Outputs for construction, approvals, consultant engagement or pricing by any third party;

(b) reproduce, publish, distribute, sell, licence or exploit the Outputs;

(c) provide the Outputs to another builder, designer, draftsperson or consultant for the purpose of obtaining a competing quote or progressing construction; or

(d) remove or alter any IMSU branding, title block, disclaimer or proprietary notice on the Outputs.

14.5 Clause 14.3 does not prevent the Client from showing the Outputs to the Client’s legal advisers, finance providers or immediate family for the sole purpose of considering whether to proceed with IMSU.

15. No Cash Value / No Combination with Other Offers

15.1 The Design Experience has no standalone cash value and cannot be redeemed for cash, refund, rebate, store credit or reduction of the contract price.

15.2 Any value attributed by IMSU to the Design Experience in marketing material is indicative only, is determined by IMSU for promotional purposes and is not a retail price, contractual allowance or monetary entitlement.

15.3 The Design Experience cannot be used in conjunction with any other IMSU promotion, offer, rebate, discount or incentive unless IMSU approves that combination in writing before the Initial Deposit is paid.

16. Lapse and Termination

16.1 Phase 2 and Phase 3 automatically lapse if the Client does not satisfy the Tender Progression Requirements within 30 days after IMSU issues the New Home Tender, or within any shorter validity period stated in the New Home Tender or Preliminary Agreement, whichever occurs first.

16.2 If Phase 2 and Phase 3 lapse under clause 16.1:

(a) Phase 1 will be treated as fully delivered if already provided;

(b) no refund, credit, repeat entitlement or substitution arises in respect of Phase 2 or Phase 3; and

(c) IMSU has no further obligation to provide Phase 2 or Phase 3.

16.3 The Design Experience in its entirety immediately lapses if:

(a) the Initial Deposit is refunded, reversed, charged back or cancelled;

(b) the Client withdraws from the IMSU tender process before completion of the Design Experience; or

(c) the Client materially breaches these Terms and Conditions and does not remedy that breach within 5 Business Days after written notice from IMSU.

17. Relationship with Other Agreements

17.1 The treatment of the Initial Deposit, including whether it is refundable, non-refundable, applied to another amount or otherwise dealt with, is governed solely by the document under which the Initial Deposit is paid and, where applicable, the signed New Home Tender, Preliminary Agreement or Building Contract.

17.2 In the event of any inconsistency between these Terms and Conditions and the signed Preliminary Agreement, New Home Tender or Building Contract:

(a) those signed agreements prevail in relation to payment, refundability, tender services, construction services and contractual rights relating to the home; and

(b) these Terms and Conditions prevail only to the extent necessary to determine eligibility for, and the scope of, the Design Experience.

18. Australian Consumer Law

18.1 Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred on the Client by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

18.2 To the maximum extent permitted by law and subject to clause 18.1, IMSU is not liable for any loss, delay, cost or damage arising from:

(a) inaccurate, incomplete or late information supplied by the Client or a third party on the Client’s behalf;

(b) the Client’s use of the Outputs for any purpose not permitted by these Terms and Conditions; or

(c) any assumption, estimate or concept later changed by site, consultant, engineering, pricing, approval or contract requirements.

19. General

19.1 IMSU’s failure to exercise a right under these Terms and Conditions does not waive that right.

19.2 Any waiver, approval or consent by IMSU must be in writing.

19.3 If any provision of these Terms and Conditions is invalid, illegal or unenforceable, that provision is severed and the remaining provisions continue in full force.

19.4 These Terms and Conditions are governed by the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

19.5 These Terms and Conditions constitute the entire agreement in relation to the Design Experience and supersede any prior oral statements or representations about the Design Experience, except to the extent expressly recorded in writing by IMSU.