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Timbermate Products Pty Ltd (Timbermate) carries on business as a manufacturer, importer and distributor of hardware products and supplies including a moulded rubber tie down strap branded “Quickties”.
Between mid 2005 and September 2008 Timbermate supplied Quickties with a paper based warning label to a range of hardware and other retailers.
The Australian Competition and Consumer Commission (ACCC) is responsible for ensuring compliance with prescribed consumer product safety standards under the Trade Practices Act 1974 (TPA).
There is a prescribed consumer product safety standard for elastic luggage straps (the Mandatory Standard) that applies to an elastic strap or cord having a hook, buckle or other fastening device at each extremity and which is designed to be used for the purpose of securing luggage or other objects.
The Mandatory Standard requires an elastic luggage strap to have permanently attached a label bearing the following warning (the Warning Label);
WARNING.
Kyberguard Pty Ltd, trading as Soldsmart, is a company that operates an online sales website at www.soldsmart.com.au, advertising and selling a variety of products including ride-on car toys for children of varying ages.
Between 30 November 2007 and 11 June 2008 Soldsmart advertised for sale two types of ride on car toys for children under the age of 36 months, that had small moveable parts:
Item BC7608RD – Sliding Tractor/Truck
Item RC6410PK – Electric Hot Rod Race Car
These products were independently tested to ascertain whether they complied with the Australian Standard. Results identified that both products failed to comply with the Australian Standard, in that parts broke off during testing.
Soldsmart acknowledges that it failed to comply with the Australian Standard, contravening section 65C of the Trade Practices Act.
Soldsmart has undertaken to the ACCC that it will:
Recall the products and offer a refund to all customers who have purchased these products;
Establish and implement a Trade Practices Compliance Program
Maintain and continue to implement the Trade Practices Compliance Program
Ensure that all products sold by Soldsmart that are subject to a prescribed consumer product safety standard or information standard under the TPA comply with the relevant standard; and
Ensure that any test reports for products advertised for sale by Soldsmart are not more than 12 months old, and are supplied by an Australian NATA accredited testing agency or equivalent overseas agency.
JB Hi-Fi Group Pty Ltd (JB Hi-Fi) is a retailer that supplies a wide range of products, including mobile phones, televisions, DVD recorders, computers, iPod players, home theatre products, music, games, car sound, digital cameras, printers and accessories.
Since June 2007, JB Hi-Fi entered the mobile consumer electronic and telecommunications market and supplied mobile phones and accessories in all its 98 stores around Australia.
In June 2008, a customer purchased what was represented to her as being a new Nokia mobile phone for $80 from the JB Hi-Fi store in Kotara Westfield in NSW.
Stamford Hotels Pty Ltd (Stamford Hotels) is the owner and operator of the Stamford Grand North Ryde (the Hotel).