Customer Charter and procedures

Our Customer Charter and Procedures outlines the the procedures followed and our customer care throughout and after the sales process, as well our general Terms and Conditions.

1. INTRODUCTION

At Enterprise Retirement Living (“ERL”), we pride ourselves on the quality of our product and extend the same high standards that achieve that quality to our sales processes, after-sales service and ongoing obligations to our customers (“customer care”). This Customer Charter and Procedures document (“Charter”) sets out the procedures followed during the sales and after-sales period, and our commitments and standards of service comprising our customer care. It explains our and our customers’ respective responsibilities and reiterates various terms and conditions that are included in the legal documentation.

2. General

2.1 For the purposes of this document, ERL comprises itself and any associated companies established to own and/or operate ERL’s retirement villages.

2.2 “Customer(s)” are potential and actual Owners’ and Occupiers’ of ERL’s properties, including purchasers of pre-owned properties whilst those properties are still within the two-year defects period (see Section 12 below) or are still covered by the property’s construction home warranty (see Section 5 below), tenants of rental properties, and all those living in our retirement communities that we continue to operate.

2.3 A hard copy of this Charter is available from our head office at the address given at the end of this document or can be viewed on or downloaded from our website.

2.4 We advise all our customers to seek independent advice, support, and representation, as appropriate, in connection with buying or renting a property at one of our retirement communities, including (if applicable) appointing a professional legal adviser to carry out the legal formalities of buying a property and to represent their interests.

2.5 Please note that the sections of this Charter identified below apply only to customers who are the first purchasers of our new properties buying direct from us, not to customers who buy pre-owned properties (see Section 12) nor to customers who rent properties from us (see Section 13).

Section 6 – Reservation Procedure
Section 7 – Exchange of Contracts
Section 8 – Additional Works/Changes to Specification
Section 9 – Between Exchange of Contracts and Legal Completion
Section 10 – Contract Termination
Section 11 – Completing the Sale

3. REGULATION AND CODES OF PRACTICE

ARCO

3.1 ERL is a member of the Associated Retirement Community Operators (“ARCO”) and is an Approved Operator under its Consumer Code (“ARCO Code”). We aim to always comply with the provisions of the ARCO Code across all our developments. A hard copy of the ARCO Code is available from our head office at the address given at the end of this document, or can be viewed on or downloaded from our website at, or ARCO’s website at arcouk.org. A copy of the ARCO Code will also be provided to customers at the time of reserving one of our new properties, or at any time on request. ARCO regularly assesses compliance with the Code and requires Approved Operators to resolve any compliance issues. Unresolved complaints that allege non-compliance with the Code may be referred to ARCO’s Alternative Dispute Resolution provider.

Consumer Code for Home Builders

3.2 We comply with the Consumer Code Scheme (“Code Scheme”), which gives protection and rights to purchasers of new homes built by builders who are registered with one of the UK’s main new home warranty providers who subscribe to the scheme. At the date of this document, these are the NHBC, Premier Guarantee, LABC Warranty, and, Checkmate and International Construction Warranties (ICW).

3.3 To maintain our own high standards, we comply with the principles and requirements of the Code Scheme on all our developments as standard procedure, including those to which it does not apply because the home warranty provider for the properties on a development does not participate in it. However, the Code Scheme’s Dispute Resolution Service is not available to purchasers of properties on those developments.

3.4 In addition, although many of the Code Scheme’s requirements reflect the principles and standards we offer to all our customers under our Charter, as mentioned above, there are some customers to whom the Code Scheme does not apply (see the Code Scheme document for full details). These include tenants of rental properties, corporate bodies or partnerships buying properties for investment purposes and individuals buying more than one property on the same development for investment purposes.[1] Any complaints or disputes involving customers who are not covered by the Code Scheme cannot, therefore, be pursued via the Independent Dispute Resolution Scheme offered by the Code Scheme. Complaints from customers who are covered by the Code Scheme can only be considered within two years of the start date of the home warranty (see Section 5 below).There are also certain types of dispute or complaint that are not covered by the Code Scheme and the associated Independent Dispute Resolution Scheme (again, see the Code Scheme document for full details). For further information and guidance, please see consumercode.co.uk.

3.5 The Code Scheme’s provisions only apply to purchasers of pre-owned properties in respect of after-sales matters that are reported within two years from the start date of the home warranty (see Section 5 below).

3.6 A copy of the Code Scheme document can be viewed on or downloaded from our website at erl.uk.com, or the Consumer Code for Home Builders’ website at consumercode.co.uk. A copy of the Code Scheme document will also be provided to customers at the time of reserving one of our properties, or at any time on request.

Property Redress

3.7 ERL is registered with Property Redress, provides a free complaint resolution service. Full details can be found on https://www.propertyredress.co.uk/ , and an overview of the service will also be given to customers when reserving one of our properties.

Data Protection

3.8 ERL is registered with the Information Commissioner’s Office in respect of data protection and our Privacy Policy is available on request or can be viewed on our website See also Section 15 below.

Anti-Money Laundering

3.9 ERL is registered with HM Revenue & Customs under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 in respect of the direct sales and rentals of our retirement properties and the services we provide to vendors of re-sale properties.

4. Health and safety

4.1 Our customers’ safety and well-being are of paramount importance. All ERL developments are regularly checked for compliance with current health and safety legislation and guidelines by the health and safety consultants appointed to monitor the site. Details of the relevant consultancy company can be provided on request.

4.2 Of course, any areas on an unfinished development ready for occupation do not carry the same risks as those still under construction. Access to certain areas under construction may be properly barred or restricted, although this will not prevent access to customers’ homes. Safety procedures and signs are clearly displayed at our sites, and every precaution taken to ensure our customers’ and our visitors’ safety. However, it is the personal responsibility of individuals to exercise good sense and ensure they follow the procedures and heed the signs; ERL cannot take any responsibility for injury or loss caused by not doing so. Customers should also advise any visitors to their home of the health and safety issues, if necessary.

4.3 We endeavour to cause as little disruption and disturbance as possible to customers living on an unfinished development, but some noise and inconvenience is inevitable. However, construction activity is limited to certain hours.

4.4 If customers have any questions or concerns, they should email the Site Manager or ERL’s Sales and Marketing Team on info@erl.uk.com.

5. HOME WARRANTIES

5.1 All our properties are built or converted, as appropriate, by reputable contractors in accordance with the planning permission granted, and any conditions applied. They also conform to the NHBC standards and technical requirements, and relevant Building Regulations in force at the time of construction/conversion and are covered by the NHBC’s Buildmark 10-year warranty, which starts on the date of legal completion of the first sale.[2]

5.2 Such contractors will have been carefully chosen to ensure their ethos and product meet the high standards we adhere to and, therefore, expect from any company whose services we employ. They will be registered with a recognised home warranty scheme and, as such, the appropriate home warranty will be provided by them, unless ERL arranges this for the development separately.

5.3 Full details of the home warranty provider for specific developments will be included in the Reservation Pack (see 6.2 below), but can be given on request in advance of reservation, if required. The solicitors acting for Customers who go on to buy a property are provided with all the relevant information prior to exchange of contracts and during the period from exchange to completion, as appropriate.

5.4 Following implementation of the Consumer Code for Home Builders (Fifth Edition, effective from 01 January 2024), developers and home warranty providers are required to liaise directly with purchasers from reservation and supply relevant warranty information – including details of cover and provider contact – before the exchange of contracts. In line with sustainability goals and to reduce duplication, duplicate documentation is only provided upon request.

5.5 Points 5.3 and 5.4 above are not directly relevant to purchasers of pre-owned properties, but any remaining term on the home warranty passes on re-sale to the new owners.

5.6 This Section 5 does not apply to customers who rent properties from us.

6. Reservation procedure (purchase of new properties only)

6.1 Prior to reservation, customers will be equipped with all the information they need to make an informed decision. In particular, this will include the Key Facts document. Following agreement of the purchase price, a property is reserved by completion of a reservation form (“Reservation Agreement”) and payment by the customer(s) of a reservation fee, as shown on the Reservation Agreement. This will be signed by us (or our representative) as vendor and the customer(s) to confirm their understanding of and agreement to the terms of the Reservation Agreement, and to acknowledge receipt of and agreement to the pre-purchase information we are required to provide.

6.2 The Reservation Agreement, of which customer(s) will be given a copy, will be accompanied by:

a brochure or plan showing the layout, appearance and plot position of the property (if the property is incomplete);
a list of the property’s contents (if the property is incomplete and if the contents are not comprehensively given in the specification contained in the brochure, if available);
Predicted Energy Assessment or Energy Performance Certificate, as applicable;
ERL Customer Charter and Procedures,
a copy of the Code Scheme document (if applicable)
a copy of the ARCO Cod;
an overview of Property Redress
details of the home warranty, including the name, address and contact methods of the provider
a description of any management services to which customer(s) will be committed and a breakdown of their cost
health and safety information relating to visits to sites under construction.

6.3 The property will be reserved for the period stated on the Reservation Agreement (usually 2 months) from receipt of legal documentation by the solicitors acting for the customer(s) up to a deadline date for exchange of contracts (“Reservation Period”).

6.4 Customer(s) can cancel the Reservation Agreement at any time during the Reservation Period.

6.5 The Reservation Period can be reduced or extended only by mutual agreement between ERL and the customer(s) (see 6.10 below). ERL reserves the right to renegotiate the price of the property if the Reservation Period is extended.

6.6 If the Reservation Period is not extended and contracts not exchanged, the Reservation Agreement will automatically expire.

6.7 The reservation fee, which is designed to demonstrate commitment by the customer(s) to the purchase and to cover our costs of processing and holding the reservation in the event of withdrawal from the purchase by the customer(s), may vary between developments. However, for most of our retirement developments, the reservation fee is typically £1,000, but for high value properties and developments which may involve additional costs,^[3] it may be substantially more. The reservation fee for any particular property or development will be shown on the relevant Reservation Agreement.

6.8 On cancellation or expiry of the Reservation Agreement, the reservation fee will be refunded after deduction of reasonable abortive legal fees, administrative costs and any other additional costs directly incurred relating to the reservation, up to a maximum of the full value of the reservation fee. An estimated range of possible costs will be stated on the Reservation Agreement, but the actual amount of the deduction will depend on various factors, for example, the complexity of any legal work and the stage at which the Reservation Agreement is cancelled.^[4]

6.9 Any additional works or changes to a property’s specification requested by customer(s) are not usually commenced until after exchange of contracts (see Section 8 below). However, if any such additional works or specification changes are agreed and commenced before exchange of contracts, the cost of goods, materials, and labour, including goods ordered in respect of those works but not installed, is non-refundable (or is recoverable from the customer(s) in full if not paid for in advance) on cancellation or expiry of the Reservation Agreement. Any such additional works or changes will be recorded on a standard form we use for this purpose, which customer(s) are required to sign confirming the details and extent of the work, the costs, and their agreement to responsibility for these costs.

6.10 Any extension to the Reservation Period will be for a maximum of 28 days and a further reservation fee may be payable.^[5] Any subsequent extension(s) granted will be subject to the same conditions.

6.11 If the Reservation Agreement is neither cancelled nor expires, the whole amount of the reservation fee will be deducted on legal completion from the balance payable for the purchase of the property.

7. Exchange of contracts (purchase of new properties only)

7.1 A deposit of 10% of the purchase price is payable by the customer(s) on exchange of contracts, unless otherwise agreed.

7.2 Exchange deposits are protected by insurance cover provided by the NHBC or other home warranty provider.

7.3 Any spoken statements upon which customers are relying when entering into the Contract of Sale (“Contract”) must be stated in writing by their legal representative prior to exchange of contracts, and must be confirmed by us, also in writing.

7.4 For finished properties, a fixed completion date will be agreed on exchange of contracts. This is usually one to two weeks from the date of exchange of contracts.

7.5 For unfinished properties, we will endeavour to give a reasonable prediction of when they are likely to be ready for occupation, subject to weather conditions, supply shortages and other matters outside our control. We will, however, keep customers updated on progress throughout the building process. An anticipated date, based on our prediction of build completion, by which notice of legal completion should be served will be included in the Contract. The notice period is usually 7 to 14 days from the serving of notice to complete.

7.6 Any agreed snagging issues identified as a result of 7.6 above will, where practicable, be dealt with between exchange of contracts and legal completion, but in some circumstances (for example, reliance on contractors/suppliers) this may not be possible. In this event, we will make mutually convenient arrangements with the customer(s) to carry out any outstanding work as soon as possible after completion.

7.7 If any major changes to the design, construction, or materials to be used in the property that would significantly and substantially alter its size, appearance or value are deemed necessary following exchange of contracts, we will formally consult with and obtain the agreement of the customer(s). If any such changes are unacceptable to the customer(s), acting reasonably, they have the right to terminate the Contract. The essence of the termination provisions are set out in Section 10 below, but the precise terms of the Contract in relation to termination in these circumstances should be fully explained by the solicitors acting for the customer(s).

7.8 Minor changes to the property’s appearance which do not significantly and substantially alter its size, appearance or value will also be notified, but such changes do not require the agreement of the customer(s), nor will they give rise to compensation or a right to terminate the Contract.

7.9 Minor changes to construction materials that have no effect on the size, appearance or value of the property may be notified to the customer(s), but we are not obliged to do so.

8. Additional works/changes to specification (purchase of new properties only)

8.1 We will endeavour to accommodate any additional works and/or changes to the property’s standard specification required by the customer(s), depending on the build stage of the property, but any such works will usually not be commenced until after exchange of contracts.

8.2 The nature, extent and cost of any agreed additional works or changes to the specification will be set out by us in writing on a standard form and must be confirmed by the customer(s) by signing and returning a copy of that form.

8.3 For additional works or changes to the specification that are subject to payment by the customer(s), as identified on the standard form described in 8.2 above, such payment is usually required prior to commencement of the work. Payment may be made upon legal completion only with our express agreement.

8.4 If any agreed additional works or changes to the specification result in a delay to build completion beyond the date stated in the Contract, we will discuss this with the customer(s) and have any agreed change to the date recorded by our respective legal advisers.

8.5 The cost of goods, materials and labour relating to any additional works and/or changes to the specification, including goods ordered in respect of those works but not installed, is non-refundable (or is recoverable from the customer(s) if not paid for in advance) in the event of termination of the Contract (see Section 10 below).

8.6 The Consumer Code Scheme does not cover any additional works or changes to the specification requested by the customer(s).

8.7 We have no responsibility for any agreements made separately between customers and other contractors, whether or not those contractors are also working for us.

9. Between exchange of contracts and legal completion (purchase of new properties only)

9.1 If customers wish to have access to the property for the purpose of, for example, fitting carpets or curtain rails, etc, this can usually be accommodated, subject to contracts having been exchanged and the customer(s) signing an undertaking to accept responsibility for any such work and goods, including damage to or theft of them, and any damage caused to the property by the customer(s) or third-parties (tradesmen, etc.) during their installation. Customers will also be asked to sign a Fixtures and Fittings Checklist on Completion, which is normally required on legal completion (see 11.2 below), to confirm the condition of the property prior to any work being carried out.

9.2 Responsibility for any defects and ongoing maintenance of this work or goods remains with the customer(s).

9.3 As work on the property may be ongoing throughout this period, customers should make arrangements for such other work described in 9.1 above to be carried out only after agreeing with us the date(s) access is required.

9.4 Keys made available for the purpose described in 9.1 above must be returned to us, or our agent, at the end of each day they are required.

9.5 Whilst we are happy to allow customers the benefit of the provisions contained in 9.1 above, no other goods (furniture, personal belongings, etc.) may be delivered to or left in the property until legal completion and with prior agreement.

9.6 During this period, the customer(s) will be invited to the property for a pre-handover meeting, the purpose of which is to acquaint the customer(s) with the property, its fittings and appliances (if included), its integral services and location of meters/isolation mechanisms, and any common areas and their management (if applicable). Customer(s) will also have the opportunity to ask any questions and to look through the Welcome Pack (see 11.3 below). Convenient arrangements for the handover of keys on legal completion (see 11.1 below) can also be made at this meeting.

10. Contract termination (purchase of new properties only)

10.1 Customer(s) may serve notice to end the Contract where there is:

a substantial and significant change to the property which is unacceptable (see 7 above);
unreasonable delay in finishing the construction of the property and serving notice to complete (as defined in the appropriate clause in the Contract).

10.2 In the event of termination of the Contract for either of the above reasons, the reservation fee and exchange deposit are refundable in full.

10.3 If the Contract is terminated once any additional works and/or changes to the specification required by the customer(s) have been carried out, or goods ordered/obtained but not installed, the cost of those additional works, changes or goods is not refundable.

11. Completing the sale (purchase of new properties only)

11.1 On the day of legal completion, the keys to the property will be made available to the customer(s) or their nominated representative immediately upon conclusion of the transaction, as advised to us by our solicitors.

11.2 Customers will be asked to sign a Fixtures and Fittings Checklist on Completion prior to moving into the property. The purpose of this is to record that the condition of the fixtures and fittings in the property is satisfactory or to note any issues that need attention. If any such issues are identified, these will be dealt with in accordance with our after-sales procedure (see Section 12 below).

11.3 A Welcome Pack, containing documents relevant to the property (including a comprehensive booklet giving important facts and information about the property and outlining our after-sales procedure, certification, instructions, guarantees, etc.) will be left in the property or passed to the customer(s) at key handover. Customers who attended a pre-handover meeting (see 9.6 above) will already have had the opportunity to look through this pack and ask any immediately apparent questions. However, we urge all customers to read through everything in the Welcome Pack thoroughly and take any action advised – for example, notifying utility companies of their responsibility for the services, registering guarantees, etc. Please note that, although we retain copies of official certification for all our properties, we do not keep copies of individual instruction booklets or guarantee documents and cannot supply these at a later date.

12. RE-SALE (PRE-OWNED) PROPERTIES

12.1 ERL usually administers the sale of pre-owned properties for the vendor(s), and our experienced Sales Teams do everything they can to assist all aspects of that process. Copies of appropriate useful documents (for example, the Welcome Pack, ARCO Code and Owners’ and Occupiers’ Handbook) will also be provided.

12.2 However, purchasers of such properties should be aware that the process is very different and any arrangements and legal formalities between them and the vendor(s) are necessarily a separate matter between those parties.

12.3 Although some points contained in the sections in this document are applicable to purchasers of pre-owned properties (as indicated) before completion of the transaction, they only become customers of ERL and benefit from the full applicable provisions of this Charter once they are living in one of ERL’s retirement communities.

13. RENTAL PROPERTIES

13.1 In addition to those sections identified in Section 2 above, the following do not affect, so do not apply to, customers who are tenants of rental properties:

The Consumer Code for Home Builders in Section 3 above
Section 5 – Home Warranties.
Those parts of Section 14 – After-Sales Service which clearly relate to the purchase, not rental, of properties.
Those organisations stated in the Complaints, Comments and Compliments Policy (Customers) which do not cover rental properties.

13.2 In all other respects, customers who rent our properties benefit from all the facilities and advantages of ERL’s services and the remaining applicable provisions of this Charter.

14. After-sales service[6]

14.1 Despite the high standards we apply to all our properties, there may be minor defects which become apparent once the property is occupied and, as indicated in the Welcome Pack referred to above, we ask the customer to wait a reasonable period, following legal completion, to allow the customer time to identify any issues that become apparent, by doing this, it will allow us to manage the customers issues more effectively. (see 14.6 below).

14.2 In addition, we offer an after-sales service for a period of two years from the date of completion for genuine defects arising within that time. This service does not cover kitchen appliances or boilers, which are covered by individual manufacturer guarantees (which may need to be registered) as detailed in the Welcome Pack, or any faults, breakdown, or damage to any part of the property or its fixtures and fittings due to negligence, mistreatment, misuse, poor maintenance or other cause which cannot reasonably be expected to be our responsibility.

14.3 Please also note that we cannot consider minor defects which could be deemed snagging once the initial issues identified have been dealt with, except in justifiable circumstances at our discretion. In particular, any items not noted on the Fixtures and Fittings Checklist on Completion will not be acknowledged as snagging, again except in certain circumstances at our discretion, as any fault or damage that was not evident at the time of completing the Fixtures and Fittings Checklist on Completion is likely not to be our responsibility.

14.4 The condition of ex-show homes cannot be expected to be the same as that of an entirely new property. Customers’ attention will be drawn to any specific matters, and these will be considered in price negotiations. Remedial work, if any, will be agreed between ERL and customers prior to the sale. Fixtures and fittings, decorative dressings, flooring, curtains and blinds, etc, which are not part of the standard specification, but which may be left in a show home and included in the purchase price, are not covered by the snagging/after-sales procedure. Show home furniture is not included, unless by prior agreement or, if available for sale, purchased separately by customers. Any such furniture is not covered by the snagging/after-sales procedure.^[7]

14.5 Customers who are purchasers of pre-owned properties also benefit from the after-sales service referred to in 14.2 above within the two-year period from legal completion of the first sale of the property.

14.6 Any snagging or property defects should be notified to ERL’s operations teams in the appropriate retirement development. An inspection will be arranged within 1 working day to determine whether the issue is a genuine snag or defect, or whether it has been caused by negligence, mistreatment, misuse, poor maintenance, or similar. If a genuine snag or defect, customers will be kept informed of action to be taken and the approximate timescale to resolve. We aim to deal with all snagging and defects within a reasonable time, but it is possible that circumstances beyond our control (for example, reliance on third party contractors/suppliers) may impact the resolution, however customers will be kept updated. When the issue is resolved, it will be confirmed with the customer(s) that they are satisfied with the outcome.

14.7 If, at the inspection referred to in 14.6 above, the issue is considered not to be snagging or a defect and, therefore, not covered by our after-sales service, the customer(s) will be advised and given the reason for this decision.

14.8 For any other customer care issues (for example, a general enquiry or concern), our operations team can be approached for assistance. They will use their discretion as to the best way to resolve any such issues, which may include involving ERL’s head office, if appropriate. Again, customers will be kept informed of any action to be taken and the estimated timescale to conclude the matter, which we aim to be ten working days, but customers will always be kept updated.

15. PRIVACY POLICY

15.1 ERL takes customers’ privacy seriously and is committed to safeguarding any personal data that customers provide. To facilitate this, we have data protection procedures in place, which include an Internal Procedural Privacy Police, systems by which we abide and a Privacy Notice for customers covering the following areas:

Your personal data
The legitimate purpose(s) for which we may use your data
How we use your personal data
How we store your information
Sharing your information
Transferring data internationally
Your rights
Information retention
Complaints
Other
Website use
Website cookies

15.2 Both the Internal Procedural Privacy Policy and the Privacy Notice are kept under review to ensure continued compliance with regulations, including amendments thereto, and to embrace new technology and recognised good practice.

15.3 A copy of our full Privacy Notice will have been given to customers when reserving a property, or earlier on request.

please contact ERL’s HR & Compliance Manager on 01223 494099, by email to erladmin15.4 If you do not have a copy or require another one,@erl.uk.com or by writing to our head office at the address given at the end of this document. Alternatively, the Privacy Notice is available to view and download on our website: erl.uk.com.

16. Living in our communities

16.1 Whether our customers are the first purchaser(s) of one of our new properties, join the community by buying a pre-owned property or taking a tenancy, we want them to have the retirement they deserve. All our villages offer as much opportunity to rest and relax as there is to socialise, exercise, and be pampered. We also want them to feel safe and secure.

16.2 We make our properties, all of which ensure privacy and independence, both comfortable and practical, and provide a range of activities and facilities for our customers’ enjoyment.

16.3 At the heart of our communities are our customers and the team that supports them. We pride ourselves on our exceptional staff, who are selected for both their skills and their personalities. They are there to help 24-hours a day, from offering a hand with day-to-day tasks to helping arrange a bespoke package of care and support, where required.

16.4 Our customers will be provided with everything they need to know about their chosen location, the majority of which is included in the Owners’ and Occupiers’ Handbook. However, the staff are always available to answer any questions or concerns they may have.

16.5 All our properties are specifically designed to accommodate mobility or visibility issues. Properties can be individually adapted should this be required, and we work with our customers to ensure they can remain at home and independent for as long as it is possible to do so.

[1] Please note, however, that under the terms of our retirement property leases, certain eligibility criteria apply for home ownership, and the purchase of our retirement properties for investment purposes is not permitted.

[2] In some circumstances, we build or convert properties under an architect’s certificate or other home warranty insurance. Whilst such properties still meet Building Regulations and are built or converted to similar NHBC standards, they are not covered by the NHBC Buildmark scheme. In these cases, details will be given separately, including the alternative warranty cover applicable (see 5.3 above). If an alternative home warranty insurance is used, the Consumer Code referred to in Section 3 above may not apply if the provider does not subscribe to the Code Scheme.

[3] For example, more complex legal work.

[4] All deductions will be supported by documentary evidence, upon request, following cancellation or expiry of a Reservation Agreement.

[5] Depending on the reason for the delay in exchange of contracts necessitating extension of the Reservation Period.

[6] Only points 14.5 and 14.8 in this section apply to pre-owned properties.

[7] Any guarantees for show home items that are left in properties or purchased by customers will be provided if they are available, but ERL cannot undertake to supply these in all instances and cannot accept responsibility for the condition or durability of show home items in any circumstances.