Consumers will be eligible for refunds for non-compliant trolley jacks sold at a Perth auction by Smith Broughton Pty Ltd following court-enforceable undertakings to the Australian Competition and Consumer Commission.
"Smith Broughton has acknowledged that in February of this year it offered for auction a number of trolley jacks which did not comply with the prescribed consumer product safety standard*", ACCC Chairman, Mr Graeme Samuel, said today.
"The jacks were labelled as having a capacity of 4000LBS (1814.4kg), however testing of an identical jack has revealed it to only have a capacity of 750kg.
"Furthermore, the jack also did not comply with the Standard in relation to marking, packaging and instruction requirements".
The ACCC believes Smith Broughton was likely to have breached section 65C of the Trade Practices Act 1974 by supplying goods that are intended to be used by a consumer, and which were of a kind in respect of which there is a prescribed consumer product safety standard, which did not comply with the standard.
"Consumer safety is of paramount importance and the ACCC will act promptly against suppliers when consumers are placed at risk through non-compliance with mandatory safety standards", Mr Samuel said.
"All companies have a responsibility to ensure that the goods they supply comply with mandatory standards.
"The ACCC places utmost importance on promoting compliance with mandatory standards and will not hesitate to take enforcement action when necessary".
Smith Broughton acknowledged and admitted that its supply of the jacks described above contravened section 65C of the Act.
Smith Broughton:
- will write to and provide all customers who purchased the jack at the auction on 17 February 2005 a full refund of the purchase price
- will not for a period of five years supply goods of which there is a prescribed consumer product safety standard and which do not comply with that standard, and
- will implement and maintain a trade practices compliance program.
*Australian/New Zealand Standard AS/NZ 2615:1995.