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The ACCC has accepted a section 87B undertaking from Equipserve Solutions Pty Ltd (Equipserve) in respect of a representation made to its customers in July 2012 which attributed the entire amount of an increase in the price of R404A refrigerant gas to the carbon price when that was not the case.
Equipserve acknowledged the ACCC concerns regarding the representation and admits in making the representation Equipserve contravened the false and misleading conduct provision of the Australian Consumer Law (ACL), contained in Schedule 2 to the Act, namely sections 18 and 29(1)(i).
To address the ACCC's concerns Quipserve has provided the ACCC with a court-enforceable undertaking which requires it to:
not engage in similar conduct in future;
issue corrective notices to customers on its website; and
implement a trade practices compliance program
The ACCC has accepted a section 87B from Retail Food Group Limited, owner of Brumby’s Bakeries Pty Ltd (Brumby’s), in respect of the following statement made by the Brumby’s managing director on 8 June 2012 in a newsletter distributed to approximately 250 Brumby’s franchisees:
“...