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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.
In the period immediately before the introduction of Goods and Services Tax in July 2000, national catalogue, television and radio advertising was conducted for Harvey Norman Computers & Communications stores which featured a promotion for GST-ready accounting software, Quicken Quickbooks, for $199 that included a bonus software bundle valued at over $900.
American Express (Amex) advertised its International Airline Program (IAP) for Platinum Cardmembers as entitling them to purchase a specially negotiated ticket for first or business class air travel on a participating airline and receive a free, complimentary or bonus companion ticket entitling a second person to accompany the Cardmember on that trip.
The price charged by Amex suggested that the companion ticket offer was not free, bonus or complimentary.
The undertakings offered by Amex include:
writing to Cardmembers who were misled and offering a refund of one year’s Platinum Card membership fee or an amount of 10 per cent of the cost of the first fare purchased under the IAP, depending upon individual circumstances; and
a review of Amex’s Trade Practices compliance program.