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Jayco Corporation Pty Ltd has provided a section 87B undertaking to the ACCC in respect of caravan jacks, supplied both with new Jayco Caravans and as an after market item, that did not comply with the mandatory safety standard.
The company has undertaken to
identify all Jayco caravan owners
conduct a recall of all non complying jacks
provide owners with a replacement jack that complies with the mandatory standard
implement an upgraded corporate compliance program and
only supply jacks that comply with the requirements of the mandatory standard
FUJIFILM Australia Pty Ltd (formerly Hanimex Pty Ltd) undertakes that it will not, for a period of 5 years, whether by itself, its directors, servants, agents or otherwise howsoever engage in conduct whereby it makes it known to customers of Hanimex that Hanimex or any other person will not supply cameras or any other products supplied by Hanimex unless customers agree not to sell those cameras or other products at prices less than those specified by Hanimex or any other person
Mr Isherwood undertakes that he will not, for a period of 5 years, be in any way directly or indirectly knowingly concerned in, or a party to any conduct by a corporation of the following kind making it known to customers of a corporation that the corporation or any other person will not supply cameras or any other products supplied by the corporation unless cutomers agree not to sell those cameras or other products at prices less than those specified by the corporation or any other person
The Consortium (Alinta Limited, Alcoa of Australia Limited and Diversified Utility and Energy Trusts No 1 and No 2) proposed to acquire the Dampier to Bunbury natural gas pipeline (DBNGP).
During 2003 South Pacific Industrial Pty Ltd represented that its Breeze 700H boat winch was made in Australia, whereas the winch was only assembled in Australia from imported parts.
This undertaking provides, among other things, for the company to cease its conduct and to in future only make Made in Australia claims after it has first met the test for such claims as set out in section 65AB of the Trade Practices Act 1974.
The ACCC has accepted court enforceable undertakings from Sherpa Outdoor Equipment Pty Limited about the labelling of its ‘Sherpa’ brand thermal underwear garments (the 2004 Undertaking).
The undertakings address ACCC concerns that in supplying thermal underwear garments with misleading and false fibre content labelling Sherpa Outdoor Equipment Pty Limited may have breached the Trade Practices Act 1974 (the Act).
In November 1999 Sherpa also formally entered into an Undertaking pursuant to section 87B of the Act with the ACCC (the 1999 Undertaking).
From around January 2001 until August 2003, Daikin Australia Pty Ltd, a company which imports and distributes airconditioning units, made the following representations in brochures distributed to its sales agents and on its website:
the hydrofluorocarbon (HFC) refrigerants HFC–407C and HFC–134a are environmentally friendly
certain Daikin airconditioning units using the HFC refrigerants HFC–407C and HFC–134a are environmentally friendly
the use by consumers of certain Daikin airconditioning units which use HFC–407C and HFC–134a will be beneficial to the environment or at worst be benign so far as its environmental impact is concerned and
the use by consumers of certain Daikin airconditioning units which use HFC–407C and HFC–134a will prevent or at least not contribute to global warming
(together the Representations).
Following receipt of expert scientific advice, the ACCC considered that the above Representations were misleading in contravention of ss.
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