Online retailer Update Technology Pty Ltd (Update Technology) has paid a $10,200 penalty after the issue of an infringement notice by the Australian Competition and Consumer Commission.
The ACCC issued the infringement notice because it had reasonable grounds to believe that Update Technology had supplied high lift jacks that did not comply with the applicable mandatory safety standard, in contravention of the Australian Consumer Law.
The ACCC purchased a high lift jack from Update Technology, which was tested by a National Association of Testing Authorities approved facility. This testing indicated that the high lift jack model sold by Update Technology did not meet the current safety performance requirements, including overload capacity, and did not have the required labelling.
“Since 2000, five Australians (on average) have been killed each year while working under a vehicle in a DIY maintenance setting with jacks being commonly involved,” ACCC Deputy Chairperson Delia Rickard said.
“The performance and labelling requirements in the applicable mandatory standard are designed to ensure high lift jacks sustain a vehicle’s weight and that the jacks are used safely, reducing the risk of serious injury and death.”
“Given these serious risks, suppliers of high lift jacks are on notice that they must ensure that the jacks they supply comply with the current mandatory standard, or else they could face enforcement action by the ACCC,” Ms Rickard said.
“Mandatory standards can change over time, and it is important that suppliers have processes in place to monitor and comply with the applicable standard.”
The payment of a penalty specified in an infringement notice is not an admission of a contravention of the Australian Consumer Law. The ACCC can issue an infringement notice where it has reasonable grounds to believe a person has contravened certain consumer protection laws.
Safety tips for the use of high lift jacks:
- Buy and use vehicle and trolley jacks, support stands and portable ramps that meet mandatory safety standards.
- Use the right jack for the job.
- Ensure that you regularly maintain these tools so that they operate safely.
- Always check the jack's label to ensure that its maximum load capacity is enough to support the vehicle you are lifting - otherwise the jack could fail and place you in danger.
Consumers who have purchased a high lift jack can check to see if it is the subject of a voluntary product recall at www.recalls.gov.au. If a consumer has purchased a high lift jack that is subject to a voluntary recall, they should immediately cease using the high lift jack and contact the retailer to obtain a replacement or refund.
Further safety information is on the Product Safety website.
Update Technology is the fourth high lift jack retailer to pay an infringement notice penalty following an ACCC product safety surveillance campaign. The ACCC purchased high lift jacks from a number of online retailers including Update Technology. The jacks were tested by a National Association of Testing Authorities approved facility to assess whether the jacks complied with the mandatory safety standard.
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