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IPM Eagle LLP offered this section 87B undertaking in connection with its acquisition of the assets of Edison Mission Energy. IPM Eagle LLP is a consortium entity comprising of International Power Pty Limited and Mitsui & Co.
Bramalco Pty Ltd provides home improvement services such as roofing, guttering, and security shutters.
Bramalco’s contract with consumers contained a 20% cancellation clause. It was the ACCC’s view this was an unenforceable penalty clause.
Bramalco agreed to review, remove or amend its contracts to ensure they do not impose an unenforceable penalty.
Bramalco also agreed to develop and implement a compliance program and appoint an auditor thereof.