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Love N Care Pty Ltd (the Company) has supplied baby walkers, described as 'Construction' and 'Police' (the baby walkers) that do not comply with the mandatory product safety standard for baby walkers as they were not labelled with the appropriate warning instructions.
Baby walkers manufactured or imported into Australia must be labelled in accordance with the Trade Practices (Consumer Product Safety Standard) (Baby Walkers) Regulations 2002 (the Standard).
The Company agreed to co-operate with the ACCC by providing a section 87B Undertaking which included:
acknowledgement and admission that its supply of baby walkers described above contravened 65C of the TPA;
and that the Company, amongst other things:
will not in future supply any baby walkers that do not fully comply with the relevant mandatory consumer product safety and information standards that apply;
will provide the correct labelling to its manufacturer for future reference, and to all parties to whom the baby walkers were distributed;
will cause to be published at its own expense in a major daily newspaper in each State or Territory of Australia in which non-compliant baby walkers were distributed by the Company a public notice advising of the non-compliant baby walkers; and
will implement at its own expense a trade practices compliance program
Prior to January 2004, Leon Enterprises Pty Ltd trading as Envirotechnics Pest Management (Envirotechnics) made a number representations in various documents to homeowners concerning its termite barrier system installed in new homes and the warranty provided by Envirotechnics in relation to that system. The ACCC is of the view that Envirotechnics’ conduct in making those representations contravenes sections 52, 53(c), 53(f) and 53(g) of the Trade Practices Act 1974.
Envirotechnics acknowledges the ACCC’s concerns and has provided court enforceable undertakings that it will not, in trade or commerce, represent that:
its warranty (described as the New Home Termite Protection Warranty or Complete Timber Replacement Warranty) lasts for ten years, where in fact it is a twelve month warranty with an annual renewal option;
failure to arrange annual inspection of the home and renewal of the warranty will void the builders’ statutory obligations and the homeowner will bear all liability in the event of damage caused by termite attack, where that is not the case; and that
its spider treatment does not carry a warranty, where in fact it is subject to statutory warranties.
Envirotechnics has also undertaken to:
place a corrective advertisement in the West Australian;
write to warranty holders to explain the effect of its conduct; and
implement and maintain a trade practices compliance program.