Stream B: Free ABV Testing Terms and Conditions of Participation
1. DEFINITIONS
7-star Home means a new residential dwelling that is constructed and verified under this Program to meet minimum 7-star NatHERS rating with a Whole of Home ( assessment.
7-star NatHERS means the NatHERS 7-star energy-efficiency rating for constructing a new home under the National Construction Code (NCC).
ABV means as-built verification.
ABV Assessment means a quality assurance test that involves an independent assessor visiting a newly constructed home and testing the home’s air tightness, insulation integrity, glazing and appliances to ensure it meets the energy-efficiency parameters specified in the design.
ABV Report means a report issued by an independent assessor that confirms that the home has been built to meet the energy-efficiency parameters specified in the design.
Application Form means the online form that must be completed via SmartyGrants to participate in this Program.
NatHERS means the Nationwide House Energy Rating Scheme which is a star rating system (out of 10) that rates the energy efficiency of a home, based on its design.
The Program means the Stream B – ABV Testing for New 7 Star Homes g Program described in these Terms.
The Program Guidelines means the guidelines for participation in the Program, published on SV’s webpage.
Required Evidence means the documentation that must be submitted to SV as a precondition to participate in the Program. The Required Evidence is set out in the Program Guidelines, the Application Form and clause 5.2(a) of these Terms.
SV means Sustainability Victoria, established under the Sustainability Victoria Act 2005 (Vic), responsible for administering the Program.
2. APPLICATION
2.1 These Terms and Conditions apply to any person who registers to participate in the Program. In registering to participate in the Program you agree that you have read and understood these Terms and Conditions (Terms) and agree to comply with them.
3. ELIGIBILITY
3.1 To apply for the Program, you must:
(a) be the home-owner or the builder. The builder must have the home owner’s permission if applying after handover has occurred;
(b) submit a completed Application Form on Smartygrants, including submission of all Required Evidence.
3.2 To be eligible for the Program, the home must:
(a) be a class 1a residential dwelling;
(b) have a minimum 7 star NatHERS thermal rating - this rating must be conducted by an accredited NatHERS assessor;
(c) have completed construction between 1 July 2022 and 30 June 2023;
(d) not be a certified Passive House or be constructed to Passive House standards.
3.3 SV staff and contractors are not eligible to participate in the Program.
3.4 Eligible applications for the Program will be considered in the order of submission date of the Application Form. SV reserves the right to close the Program when application numbers have reached capacity or otherwise at its discretion.
4. ABV ASSESSMENT
4.1 Participants will receive one free on-site ABV assessment per eligible home.
4.2 The purpose of the ABV Assessment is to ensure each home is built to achieve the same efficiency rating it has been designed to meet.
4.3 The ABV Assessment will be conducted by an independent assessor. The following check-list items must have been completed or installed before the ABV Assessment can occur:
(a) All plumbing traps must be filled with water;
(b) All electrical fittings, such as switches, and power point outlets must be installed and in their finished state;
(c) All doors and openable windows and skylights must be operable;
(d) All door and window seals must be installed;
(e) The manhole hatch must present and in place;
(f) All appliances and fittings must be installed and in place (exhaust fans, kitchen appliances, split systems, hot water system, light fittings, etc);
(g) The rangehood must be installed (ensure that the rangehood ducting is sealed to the plaster behind the joinery or the rangehood system);
(h) The heating & cooling system must be in an operational state;
(i) All joinery panels must be fixed/hinged prior to air tightness testing, especially where concealing unfinished exhaust/ducting penetrations as they may dislodge during the pressurisation or depressurisation during air tightness testing.
4.4 The assessor visits the home to check the home’s air tightness, insulation integrity, glazing and appliances.
4.5 Once the ABV assessment is complete, you will receive an ABV report. A copy will also be provided to SV by the assessor.
5. YOUR OBLIGATIONS
5.1 You warrant that the information you have provided to SV including the information in and submitted with your Application Form, including the Required Evidence is true, complete and correct. You will immediately notify SV if there is a material change in circumstance that may affect the truth, completeness or accuracy of any information provided.
5.2 You agree to participate in the Program as it is described in the Application Form and these Terms, including:
(a) uploading the Required Evidence with the Application Form, including:
- the house plans for the 7 Star Home; and
- the NatHERS report.
(b) scheduling your home’s ABV assessment with SV’s independent assessor using the details provided by SV upon approval of your application.
(c) permitting and participating in the ABV Assessment with SV’s independent assessor.
6. OUR OBLIGATIONS
6.1 SV will administer the Program and:
(a) pay for one ABV Assessment per eligible home; and
(b) provide you with a copy of the ABV Assessment report.
SV will be invoiced directly by the assessor for the ABV assessment.
7. REPRESENTATIONS AND WARRANTIES
7.1 Sustainability Victoria (SV) does not make any representations or provide any undertakings to applicants other than to invite them to submit an application form for the Program.
7.2 SV shall not be liable for any error or omission, or any inaccurate or misleading information provided by SV or its authorised third party representatives or contractors during the Program or the Program application process.
8. RECORDS AND INSPECTIONS
8.1 On request, you will provide us with any information needed to allow us to verify the information you have provided, including information provided in your Application Form. We may request such other information as might be reasonably necessary to administer the Program.
9. PRIVACY AND INFORMATION SECURITY
9.1 For the purposes of this clause 9, Personal Information and public sector data have the meanings given to them in the Privacy and Data Protection Act 2014 (Vic) (Privacy Act).
9.2 All documents submitted by you to SV become the property of SV.
9.3 You consent to SV’s collection, handling and use of all personal and other information and documentation submitted with:
(a) the Application Form, including the Required Evidence;
(b) the results and/or data collected through the ABV Assessment; and
(c) the ABV Assessment Report completed by the independent assessor.
9.4 You consent to the provision of the information at clause 9.3 (b) and (c) to SV by the independent assessor performing the ABV Assessment.
9.5 You consent to SV’s collection, use and handling of the information and documentation at clauses 9.3 (a), (b) and (c) to facilitate the Program, for ongoing research, training and other purposes related to the performance of its statutory functions. Data and information will be de-identified and aggregated for publication in any public reports to maintain privacy and confidentiality.
9.6 Any personal information which SV collects as part of the application process will be handled in accordance with the Privacy and Data Protection Act 2014 (Vic) and SV’s Privacy Policy.
9.7 SV is subject to the Freedom of Information Act 1982 and that if a Freedom of Information request is made, SV will consult with the applicant before any decision is made to release the application or supporting documentation.
10. INTELLECTUAL PROPERTY
10.1 In this clause 10, “Intellectual Property” includes patents, know-how, copyright, designs, semiconductor or circuit layout rights, trademarks, trade secrets, data, confidential information, business or company names and other proprietary rights or any right to registration of such rights, whether created before or after the date of your registration to participate in this Program and whether protected under common law or statute.
10.2 Any Intellectual Property that is created in the course of the Program will be and remain the property of the party that created it.
10.3 You acknowledge that any promotional material, training material or other forms or documents we provide to you is SV’s Intellectual Property and you are licensed to use such material for the duration of your participation in and solely for the purpose of the Program.
10.4 Nothing in these Terms and Conditions is intended to affect the ownership of your Intellectual Property.
11. INSURANCE
11.1 You must, at your own cost, for the duration of the Program or longer if required by law, maintain the following insurance:
(a) public liability insurance of $10 million per occurrence.
11.2 You will provide evidence of your and any contractors’ insurance on request.
12. LIABILITY AND INDEMNITIES
12.1 To the extent permitted by law and subject to any rights accrued to you under these Terms and Conditions, SV excludes all liability (in contract, tort including negligence, under statute, or otherwise arising) for any loss, damage, liability, claim, cost or expense (Loss) suffered or incurred by you, whether direct or indirect, and howsoever caused in connection with any action or omission relating to the Program (including the ABV Assessment), or these Terms and Conditions.
13. TERMINATION
13.1 You may elect to not participate in the Program at any time by providing us with 7 days’ notice.
13.2 Despite any other term of these Terms and Conditions, we may at any time at our discretion terminate or suspend the Program upon written notice to you.
13.3 If you no longer participate in the Program or the Program is terminated for any reason, SV is not liable to compensate you any amount on termination.
14. GENERAL
14.1 SV may terminate the application process or the Program, alter the application process or the scope of the Program or extend the closing time of the Program in its absolute discretion.
14.2 SV does not bind itself, and each applicant agrees that SV is not bound to accept any application for funding under the Program, this includes applications assessed as ineligible by SV or applications submitted under the wrong Program.
14.3 SV’s decision to accept an application under the Program is final, and no correspondence will be entered into.
14.4 These Terms and Conditions do not create any employment, contracting or fiduciary relationship between the parties.
14.5 You acknowledge that your participation in the Program is not exclusive.
14.6 These Terms and Conditions (including the Guidelines) may be varied at any time by SV if reasonably required to properly administer the Program. We will notify you of any change in writing via an email bulletin to the contact person notified in your Registration Form. We may also update our website notifying of the changes. We will endeavour to give you as much notice as possible of any change.
14.7 Any notices or other communications to you will be provided via an email generated from your account.
14.8 Clauses 6, 7, 8 9, 10, 11 and any other clause that by its nature is intended to survive termination, survive expiry or termination of these Terms and Conditions.
14.9 A term or part of a term in these Terms and Conditions that is illegal or unenforceable may be severed from these Terms and Conditions and the remaining terms shall continue in force.
14.10 These Terms and Conditions are governed by the laws of Victoria.
14.11 In the event of a discrepancy or ambiguity between these Terms and Conditions and the Application Form, these Terms and Conditions will prevail to the extent of the inconsistency.
**End of Terms and Conditions**