High lift vehicle 'farm jacks' supplied by TWM Imports Pty Ltd have been declared unsafe by the Federal Court after Australian Competition and Consumer Commission litigation.
The court found, by consent, that TWM had contravened the Trade Practices Act 1974 by supplying the 48" Farm Jacks which did not comply with the 2003 prescribed consumer product safety standard.*
"The ACCC is particularly concerned that TWM, after being previously found by the Federal Court in December 2004 to have breached the mandatory safety standard relating to trolley jacks, shortly thereafter recommenced supplying the unsafe 48" Farm Jacks", ACCC Chairman, Mr Graeme Samuel, said today.
The court found that the jacks failed to comply with both the mandatory performance and mandatory labelling requirements. The jacks were supplied to automotive and hardware retailers throughout Australia during 2004 and 2005.
Justice Heerey's orders restrain TWM from supplying any 48" Farm Jack, high lift vehicle jack, vehicle jack, hydraulic trolley jack, vehicle support stand, or vehicle portable ramp which does not comply with a prescribed consumer product safety standard.
The orders require TWM to confirm to the ACCC TWM's publication of product safety recall notices to consumers and retailers who bought 48" Farm Jacks, and the steps taken to collect the jacks from purchasers. The court also ordered TWM to revise its trade practices law compliance program to include independent annual audits and reports to the ACCC. TWM was ordered to pay the ACCC's costs.
"Independent testing carried out on the 48" Farm Jacks supplied by TWM found that the represented lifting capacity of the jacks was grossly overstated, presenting a real danger that the jacks could suddenly collapse and cause consumers serious or even fatal injury", Mr Samuel, said.
"This latest case reaffirms that it is essential for suppliers to carefully comply with mandatory safety standards and not jeopardise the safety of consumers".
*Australian/New Zealand Standard AS/NZS 2693:2003 Vehicle Jacks