ACCC accepts undertaking from automotive parts importer

An Australian Competition and Consumer Commission investigation into alleged non compliance with Australian Design Rules for automotive lights has resulted in Elecspess Pty Ltd providing a court-enforceable undertaking.

Elecspess had represented that its range of CONDOR LED Rear Combination lamps complied with certain Australian Design Rules. Independent testing showed that these lamps failed to meet the light requirements of the design rules.

The ACCC considered that by representing that the lamps complied with the rules when they did not, Elecspess falsely represented to consumers that these lamps were of a particular standard. Elecspess also misrepresented that the lamps had performance characteristics that they did not have. Further the ACCC considered that Elecspess had supplied goods not compliant with prescribed consumer product safety standards.

Elecspess responded promptly to the ACCC's concerns. It has given the ACCC a section 87B court-enforceable undertaking that it will:

• not supply products that are subject to a consumer product safety standard, unless the products comply with the relevant standard
• quarantine all non compliant lamps and have them shipped back to the manufacturer in China where the manufacturer will make the necessary changes to these lamps to ensure compliance with the rules
• complete a total recall of non compliant lamps sold by Elecspess by contacting each affected customer to explain the nature of the contraventions and offer to exchange the non compliant lamps, and
• implement a trade practices compliance program.

"The ACCC compliments Elecspess on promptly addressing concerns raised," ACCC Chairman, Mr Graeme Samuel, said today. "The ACCC views claims of adherence to standards seriously and the matter needed timely attention.

"This sends a clear message to the automotive industry. It is responsible for providing safe products. Whether they be manufacturers, importers or retailers, all industry players are responsible to ensure that their products comply with safety standards as claimed."

Background

CONDOR LED Rear Combination lamps are generally fitted to trucks, vans and trailers. They comprise a white, amber and red lamp serving the function of reverse indicator and brake lamp respectively.

Section 41 of the Motor Vehicle Standards Act 1989 provides that a national vehicle standard (including a standard designed for a purpose referred to in paragraph (b) or (c) of the definition of vehicle standard in section 5 of the Motor Vehicle Standards Act 1989) is to be taken to be a prescribed consumer product safety standard, for the purposes of sections 65C and 65F of the Act.