LUCAS HOMES MORTGAGE BUSTER TERMS AND CONDITIONS

Transcription

1 LUCAS HOMES MORTGAGE BUSTER TERMS AND CONDITIONS 1. These terms and conditions ("Promotional Terms") apply to the "Lucas Homes Mortgage Buster" or the "Mortgage Buster" promotion ("Promotion") which is a rebate scheme offered by Relative Constructions Pty Limited (ABN ) of shop 6, Narellan Supa Centre, 1 Exchange Parade, Narellan in the State of New South Wales, licence number C ("Promoter"). 2. Information on how to claim the Rebates and details of the Promotion form part of the Promotional Terms. 3. The Promotion commences at 9:00am AEST on 14 February 2013 and ends at 4:00pm AEST on 30 June 2013 ("Promotion Period"). Eligibility 4. The Promotion is available to any individual over the age of 18 years or legal entity ("Participant") that enters into a Building Contract with the Promoter or its Related Entities in accordance with the Promotional Terms during the Promotion Period to construct a new residential house on a vacant lot in the following regions of the State of New South Wales: (d) (e) (f) (g) Sydney metropolitan; Sydney regional; Central Coast; Newcastle; Hunter; Southern Highlands; and Illawarra. 5. When entering into the Building Contract with the Promoter or its Related Entities in accordance with the Promotional Terms, the Participant must: purchase a new residential house from the Promoter's portfolio with Gold Inclusions; upgrade to the Royal Package; and pay $10 to the Promoter. Promotional Rebates 6. If the Participant successfully complies with the Promotional Terms, the Promoter will give the Participant up to a maximum of five (5) Rebates (that is, up to the total value of $10,000) into an Australian bank account nominated by the Participant by way of mortgage buster - website terms & conditions v1.3.3.doc 1

2 electronic funds transfer (EFT) within ten (10) Business Days of each Rebate being claimed by the Participant. 7. The Participant must claim each Rebate by submitting to the Promoter, an approved claim form which is available from the Promoter ("Rebate Claim Form"). 8. The Rebate Claim Form may only be submitted by the Participant to the Promoter within two (2) months following the Promoter issuing a Progress Claim to the Participant that is over the value of $20,000 and that Progress Claim has been paid in full and in cleared funds. Promotional Gifts 9. In addition to the Rebates, if the Participant successfully complies with the Promotional Terms, the Participant will be entitled to receive the following from the Promoter ("Promotional Gifts"): stainless steel dishwasher; stainless steel microwave (excluding trim kit); 900mm free standing oven gas cooktop with wok and cast iron trivets and canopy rangehood; or 900mm underbench multifunction oven, gas cooktop with wok, flame failure and cast iron trivets and slide-out rangehood; (d) Colorbond roof; or premium concrete tiles; and (e) Fujitsu ducted air conditioning based on a 12.5kW unit. 10. The brands and models of the Promotional Gifts will be selected by the Promoter and may vary from time to time. The bands and models of the Promotional Gifts will not negotiable. General 11. Participation in the Promotion is a deemed acceptance of the Promotional Terms. 12. The Promotion cannot be used in conjunction with any other (current or future) deals or promotions offered by the Promoter or its Related Entities. 13. The Rebate or the Promotional Gifts may not be interchanged for a different remuneration. 14. The Participant is not entitled to receive a Rebate with respect to any moneys paid by the Participant prior to entering into a Building Contract with the Promoter or its Related Entities or with respect to any deposit paid to the Promoter or its Related Entities as required by the Building Contract. mortgage buster - website terms & conditions v1.3.3.doc 2

3 15. The Participant is not entitled to receive a Rebate or the Promotional Gifts if the Participant is indebted to the Promoter or its Related Entities in any way and a Rebate or the Promotional Gifts may not be used to pay or off-set any moneys owed by the Participant to the Promoter or its Related Entities. 16. The Participant is not entitled to receive a Rebate or the Promotional Gifts if the Building Contract entered into with the Promoter or its Related Entities is assigned, repudiated, breached, terminated or otherwise brought to an end or suspended. 17. If there are two or more Participants that are parties to a Building Contract with the Promoter or its Related Entities, then the Participants will only be entitled to receive Rebates and the Promotional Gifts in their joint capacity. That is, each Participant will not be entitled to receive Rebates and the Promotional Gifts individually and the Participants will only be entitled to receive up to five (5) Rebates under that Building Contract. 18. The Promoter or its Related Entities accept no responsibility for any Participant who, for any reason, fails to or is unable to enter into a Building Contract with the Promoter or its Related Entities during the Promotion Period. 19. The Promoter or its Related Entities are not responsible for any losses or damages arising out of or in connection with the Promotion, whether in contract, statute or tort, including the event where there are delays in a Rebate being paid to the Participant or paid into the Participant's nominated Australian bank account. 20. The Promoter or its Related Entities are not responsible for the purpose or manner in which the Rebate is used or spent by the Participant. 21. The Commencement Dates for Building Contracts entered into by Participants in accordance with the Promotional Terms shall be prioritised by the Promoter or its Related Entities in chronological order based on the dates on which each of the Building Contracts were entered into and subject to registration of the land to which the Building Contracts apply. 22. The Promoter or its Related Entities are not responsible for any tax implications or duties payable on the Rebates or the Promotional Gifts, if any, and the Participant is solely responsible for making necessary declarations (including to Australian Taxation Office) with respect to the Rebates and the Promotional Gifts received from the Promoter. 23. The Promoter reserves the right, at any time and in its absolute discretion, request the Participant to produce documents to verify the identity of the Participant to and to disqualify a Participant from being entitled to participate in the Promotion if the Participant is, or suspected by the Promoter to be, engaged in any unlawful conduct. 24. Any provision in the Promotional Terms which is invalid or unenforceable is to be read down, if possible, so as to be valid and enforceable, and as otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of the Promotional Terms or affecting the validity or enforceability of that provision. 25. Notwithstanding the Promotional Terms, the terms and conditions applicable to the Gold Inclusions and the Royal Package (collectively referred to as "Brochure Terms") shall continue to apply to a Participant that enters into a Building Contract to construct a new residential house with Gold Inclusions and upgrades to the Royal Package. The Brochure Terms may be obtained from the Promoter by attending its offices. mortgage buster - website terms & conditions v1.3.3.doc 3

4 26. In the event that there is any conflict between the provisions contained in the Promotional Terms, the Brochure Terms and/or the Building Contract, the provisions contained in the Building Contract shall prevail over the provisions contained in the Promotional Terms and/or the Brochure Terms to the extent that any conflict exists and the Brochure Terms shall prevail over the provisions contained in the Promotional Terms to the extent that any conflict exists. 27. Failure by the Promoter or its Related Entities to enforce any of their rights at any time does not constitute a waiver of those rights. 28. Promoter reserves the right, at its sole discretion, to modify, suspend or terminate the Promotion without any notice. 29. If the Promotion is incapable of being offered by the Promoter for any reason, the Promoter reserves the right, in its sole discretion, to modify the Promotion or delay the Promotion Period. 30. Any costs associated with the Promotion, including the costs of accessing the Promoter's website, is the Participant's responsibility. 31. By participating in the Promotion, all information provided to the Promoter or its Related Entities become the property of the Promoter and the Participant irrevocably consents to the Promoter or its Related Entities using the information for marketing and promotional purposes. The Promoter may require the Participant to partake in any of the Promoter's (or its Related Entities, as the case may be) media activities, including but not limited to marketing campaigns and other promotions, without any further notice, payment or compensation. The Participant may access, update or amend the Participant's information by contacting the Promoter in writing. 32. The Promotional Terms are governed and construed by the laws of the State of New South Wales. 33. For the purposes of the Promotional Terms, the following definitions apply: "AEST" means Australian Eastern Standard Time; Building Contract means a HIA issued NSW Residential Building Contract for New Dwellings (or an equivalent contract) together with the Special Conditions, copies of which may be obtained from the Promoter by attending its offices; "Business Days" means days other than Saturdays, Sundays, public holidays or days that fall within the industry shutdown period referred to the Building Contract which, by way of summary, is a five (5) week period commencing on or about 22 December in each year; "Commencement Date" means the date on which the construction of a residential house pursuant to a Building Contract is commenced; "Gold Inclusions" means a particular range of fixtures and fittings offered by the Promoter as inclusions to a new residential house being constructed pursuant to a Building Contract. Please visit the Promoter's website at to view the full details of fixtures and fittings that are included in the Gold Inclusions range; "Notice of Practical Completion" has the same meaning as defined in the Building Contract. By way of a summary, it means the notice given by the Promoter or its mortgage buster - website terms & conditions v1.3.3.doc 4

5 Related Entities pursuant to a Building Contract at least five (5) working days prior to Practical Completion being reached; "Practical Completion" has the same meaning as defined in the Building Contract. By way of a summary, it means the stage at which a residential house being constructed pursuant to a Building Contract is complete except for minor omissions and defects that do not prevent the residential house being reasonably capable of being used for its usual purpose; Progress Claim has the same meaning as described in the Building Contract. By way of a summary, it means the Promoter's (or its Related Entities', as the case may be) progressive claim for payment of the cost of constructing a residential house pursuant to a Building Contract; Rebate means a rebate amount up to $2,000 that the Promoter will pay an eligible Participant under the Promotion; Related Entities means and includes any director, shareholder, officer, employee, agent, consultant, adviser or and of related body corporate (as defined in section 9 of the Corporations Act 2001); "Royal Package" means a particular range of fixtures and fittings offered by the Promoter in addition to the Gold Inclusions for a fee as inclusions to a new residential house being constructed pursuant to a Building Contract. Please visit the Promoter's website at to view the full details of fixtures and fittings that are included in the Royal Package; "Special Conditions" means the special conditions relating to the Promotion that forms part of the Building Contract, a copy of which may be obtained from the Promoter by attending its offices. mortgage buster - website terms & conditions v1.3.3.doc 5