1. The Harvey Norman Price Promise offer is made, subject to these terms and conditions, by each Harvey Norman Franchisee ("Relevant Franchisee") which sells a product ("Relevant Product") to a person ("Customer") during the period commencing 1 July 2007 and ending on the first to occur of 30 June 2008 or such earlier date as Yoogalu Pty Limited trading as Harvey Norman may determine (the "Term").
2. If, within thirty (30) days after the purchase by the Customer of the Relevant Product from the Relevant Franchisee ("Relevant Purchase"), the Customer delivers to the Relevant Franchisee a copy of an advertisement broadcast on commercial radio, telecast on commercial television or published in a daily newspaper (other than in the classified section) by a local competitor of the Relevant Franchisee ("Competitor") within thirty (30) days after the Relevant Purchase, by which the Competitor offered the unconditional sale and immediate delivery to the public of a product identical to the Relevant Product ("Competitor Product"), during the Term, for an unconditional advertised cash price ("Competitor Price"), which is less than the price paid by the Customer to the Relevant Franchisee for the Relevant Product after all allowances, rebates and discounts ("Harvey Norman Franchisee's Price"), then the Relevant Franchisee will pay to the Customer an amount equivalent to 110% of the Difference between the Competitor Price and the Harvey Norman Franchisee's Price.
3. The Customer cannot accept the Harvey Norman Price Promise offer: (a) more than once in relation to a Relevant Purchase; or (b) if the Competitor Price is conditional, or a price determined after the allowance of any amount for, or is part of a promotion involving, financing, installation, delivery, rebates, cash back offer, free or bonus offer, trade discount, stock clearance or any limited quantity promotion; or (c) if the Customer cannot prove to the reasonable satisfaction of the Relevant Franchisee that the Competitor could, on the date of the Relevant Purchase, supply the Competitor Product to the Relevant Franchisee out of stock on hand of the Competitor at the retail premises of the Competitor.