| 1. |
COMPETITION RULES AND
REGULATIONS |
| 1.1 |
The Subaru Test Drive Experience will take place
in Johannesburg. The prize does not include transportation
to Johannesburg, nor does it include accommodation. |
| 1.2 |
The winners of the Subaru
Test Drive Experience must be over 18 and in possession
of a valid unendorsed South African driver's license
and this license must be presented to Subaru Southern
Africa before the winner may use a Subaru vehicle |
| 1.3 |
1 (one) winner of the Subaru
Test Drive Experience will be chosen each month
for 6 months. The dates of these draws are as follows:
25 July 2008; 29 August 2008; 26 September 2008;
31 October 2008; 28 November 2008; 08 January 2009 |
| 1.4 |
Winners will be contacted
telephonically by a Compleat Golfer representative |
| 1.5 |
Winners will be notified
of the date of their Subaru Test Drive Experience.
This date cannot be changed |
| 1.6 |
The winner of the weekend
away at Fancourt will be announced on 13 January
2009 |
| 1.7 |
The winner of the weekend
away at Fancourt will be contacted telephonically
by a Compleat Golfer Representative |
| 1.8 |
The winner of the weekend
away at Fancourt will be given a date of a weekend
in February 2009 to use the prize. This date cannot
be changed |
| 1.9 |
The weekend away at Fancourt
is valid for 4 members (including the winner) only |
| 1.10 |
Subaru Southern Africa,
RedCube Agency and Compleat Golfer accept no liability
in terms of risk, damage and/or injury should anything
happen to the winner whilst a Subaru vehicle is
being used by them. A standard Subaru SA vehicle
loan agreement must be signed and the conditions
agreed to. |
| 1.12 |
The prize is not transferable |
| 1.13 |
The prize is not exchangeable
and/or redeemable for cash |
| 1.14 |
Employees and immediate
family members of Subaru Southern Africa, the Subaru
Southern Africa Dealer Network, The RedCube Agency,
and Compleat Golfer are not eligible for entry |
| 1.15 |
The decision is final and
no correspondence will be entered into on conclusion
of the competition |
| 1.16 |
Transport to the event is
for the winner's own account and will not be paid
for Subaru Southern Africa, Compleat Golfer or RedCube
Agency |
| 1.17 |
You may enter as many times
as you like |
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|
| 2 |
CONDITIONS OF USE FOR
SUBARU TRIBECA 3.6R |
| 2.1 |
The Vehicle shall
be driven exclusively by the winner (hereafter referred
to as "the User") and used solely
for the purpose of the User's personal transport
within the Republic of South Africa. |
| 2.2 |
The User undertakes not
to use the Vehicle: |
| |
| 2.2.1 |
in contravention of
the law; |
| 2.2.2 |
in any race, speed
test or contest; |
| 2.2.3 |
to propel or tow any
vehicle, trailer or caravan; without prior
agreement |
| 2.2.4 |
in contravention of
the manufacturer's recommended operating instructions,
a copy of which is available to the User on
request. |
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| 3. |
FINES AND PENALTIES |
| Notwithstanding
the provisions of clause 2 above, from date of delivery
of the Vehicle, the User shall be liable
for all fines or penalties imposed as a result of
any traffic violation or for any statutory offence
concerning the Vehicle until the Vehicle is returned to the Company. |
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|
| 4. |
INDEMNITY |
| 4.1 |
The Company shall
not be liable for any loss, injury or damage to
any person or property, whether consequential or
otherwise, arising from the User's loan of the Vehicle or from any defect, mechanical
failure or breakdown of the Vehicle. |
| 4.2 |
The User indemnifies
the Company against any claims of whatsoever nature
for any loss, injury or damage to any person or
property arising out of the User's loan of the Vehicle, irrespective of the cause of
such loss or damage, including, but in no way limiting
the generality of the a foregoing, any claim arising
out of the negligent driving of the Vehicle |
| |
|
| 5. |
INSURANCE |
| 5.1 |
Should the Vehicle be damaged
due, the User undertakes to effect payment
to the Company of the excess payable and
any other amount which the Company's insurers refuse
to effect payment of, or which the Company may be liable for as a result of such damage. |
| 5.2 |
The User shall immediately
advise the Company in writing of any damage,
accident, breakdown or theft involving the Vehicle
or its accessories, and undertakes to do all things
necessary, including the completion of documents,
to enable the Company to process an insurance claim
and recover its damages |
| 5.3 |
Should the damage, accident,
breakdown or theft be caused by proven or suspected
negligence on the part of the User - the
full amount of costs arising from such negligence
therefore become the full liability of the User,
without exception, whatsoever. |
| |
|
| 6. |
WARRANTIES |
| The
User warrants that: |
| 6.1 |
He/she is in possession
of an unendorsed, valid driver's license, applicable
in the Republic of South Africa. |
| 6.2 |
He/she is an adult person
having contractual capacity to sign this Agreement
in his/her personal capacity, alternatively if signing
in a representative capacity, on behalf of an incorporated User, that he/she is duly authorized to bind
such incorporated User. |
| |
|
| 7. |
The User acknowledges
that all rights of Ownership in and to the Vehicle
vest in the Company and undertakes not to
sell or, in any other manner whatsoever, alienate
the Vehicle or in any way prejudice the Company's ownership thereof. |
| |
|
| 8. |
The Company shall have the
right to cancel this Agreement on 1 hour's written
notice to the User.
Subaru Southern Africa (Pty) Ltd All-Wheel-Drive
Park 7 Galaxy Avenue Linbro Business Park Linbro
Park
PO Box 9 Linbro Park 2065 South Africa Telephone
+27 11 608 0116 Facsimile +27 11 608 0744
www.subaru.co.za www.subarupreowned.co.za Reg No 1977/001221/07
Directors : M Laubscher, R G Egger, D M T van Gaalen*
(Managing), R M Silva, M Reimers *(Costa Rica) |
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|
| 9. |
The User chooses
as his/her domicilium citandi et executandi, the
address inserted in clause B above; for all
purposes arising out of this agreement. |
| |
|
| 10. |
In the event of the Company taking any legal action to enforce its rights in
terms of this Agreement, the User consents
to the company instituting action in the Magistrate's
Courts and agrees to pay all legal costs incurred
buy the Company, whether or not a summons
is issued, on an attorney and client scale. |
| |
|
| 11. |
This agreement constitutes
the entire agreement between the parties and no
representations not recorded herein or variations
hereof shall be valid unless reduced to writing
and signed by the Company. |
| |
|
| 12. |
The User shall not
cede, assign, transfer or otherwise dispose of its
rights or obligations in terms of this Agreement. |
