53 results, showing 1 to 20
The ACCC raised concerns with Hutchison in relation to two separate mobile phone deals.
The first matter related to the variation of the $99 Talk Cap and Free 10 offer by Hutchison, and the second matter related to advertising and promotion of a handset upgrade offer.
In August 2003, Hutchison introduced the Rate Guarantee which provided that the rate offered on certain rate plans would not be increased for 2 years from the date the customer connected to one of the plans.
The ACCC has expressed the view that publishing a price of an airfare that does not adequately disclose the total price payable by a consumer may contravene sections 52, 53(e) and 53C of the TPA.
Chubb has provided section 87B undertakings for the implementation of a comprehensive trade practices compliance program
The main elements of the compliance program are as follows:
changes to compliance and reporting structures, including regular compliance committee meetings and a disciplinary code for employees;
changes to company procedures to ensure that Chubb can respond to trade practices compliance issues, including a review of existing company procedures and linking employee performance appraisals and incentives to trade practices compliance;
the introduction of new hand held technology to provide for the electronic verification of service delivery in Chubb’s mobile patrol business;
the establishment of new procedures for the review of all company advertising and promotional material;
the implementation of annual trade practices compliance training for relevant employees and officers and ensuring that such training is provided to new employees as part of their initial induction program;
retaining an independent compliance practitioner to conduct annual audits of the Compliance Program; and
to review existing complaints handling procedures and to ensure that these procedures are consistent with the relevant Australian Standard (AS4269-1995).
Chubb has also undertaken to develop a voluntary code of conduct for the mobile patrol industry and to provide a copy of the code to all recognised security industry associations.
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.
The undertaking has two main elements:
the divestiture of a number of childcare centres in regional New South Wales, Victoria, Queensland and Western Australia, and
ABC not acquiring any further childcare centre licences in certain regional areas in New South Wales, Victoria and Queensland for a limited period
In June 2002 Qantas provided a section 87B undertaking to the Commission requiring the company to advertise the price of their airfares on an “All Inclusive Basis”.
A variation to this undertaking has been accepted by the Commission as recent Court decisions have made it clear that “All Inclusive Pricing” is not required under the Act.
The variation requires Qantas, when making representations as to the price of any airfare, to disclose the total price payable by a consumer as a necessary precondition to receiving the represented services (the Total Fare).
In 2003 Harris Scarfe advertised sales promotions in its regular catalogues and made claims particularly relating to “SAVE $X” and “AFTER THE SALE $X”.
In the case of some items an erroneous formula was used to calculate the alleged saving, and in others the item did not revert to a higher price as claimed, thereby exaggerating the nature of the saving during the sale period.
Harris Scarfe admitted this may have misled consumers in breach of ss.
Epic Energy (WA) Transmission Pty Ltd (EEWAT) offered this s87B undertaking in connection with the sale of the Dampier to Bunbury natural gas pipeline (DBNGP) to a consortium comprised of Alinta Limited, Alcoa of Australia Limited and Diversified Utility and Energy Trusts No 1 and No 2.
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.
Biomagnetic Therapy and Craig Trinder have admitted that prior to 2002 some of the claims made in regard to their therapeutic magnetic products may have been, or had the potential to be, false, misleading or deceptive, in contravention of sections 52, 53(c), and 53(g) of the Act although they have advised it was never their intention to do so.
They have also provided the following undertakings:
Bio Magnetic Therapy and Craig Trinder will not engage in conduct that is misleading or deceptive or is likely to mislead or deceive, in contravention of section 52, 53(c) or 53(g) of the Act
Biomagnetic Therapy and Craig Trinder will not make any claims regarding therapeutic magnetic products unless they are able to demonstrate that there are reasonable grounds for making the representation, for example, reliable scientific evidence
The results of any scientific test or clinical trial referred to will be reproduced on their website
Biomagnetic Therapy will develop and implement a trade practices compliance program and key staff will receive training specifically in relation to Sections 52 and 53 of the Act and
Biomagnetic Therapy will publish corrective notices in the Sunday Mail and on their website for a two week period.
The ACCC has accepted court enforceable undertakings, pursuant to section 87B of the Trade Practices Act 1974, from Harbin Pty Ltd trading as Ray's Outdoors.
The acceptance of the undertaking is in resolution of the ACCC's concerns that in supplying Wild Country elastic luggage straps Ray's Outdoors may have breached the mandatory product safety standard for elastic luggage straps that is prescribed under the Act.
The Undertaking, addressing the ACCC's concerns with the merger involving ABB Grain Ltd, AusBulk Ltd and United Grower Holdings, focuses on access to South Australian port terminal facilities owned or controlled by the Merged Entity and the supply of associated services by the Merged Entity for the receival, testing, classification, storage, handling, treatment, processing or shipping of commodities at or from such facilities. The Undertaking is for a period of five years unless it is terminated earlier.
Parke Muir's Pty Ltd (Parke Muir's), trading as Ross Parke's The Good Guys Discount Warehouses, sells electrical goods and gas appliances in Geelong, Victoria.
In an advertisement that was published in the Geelong Advertiser on 7 May 2004, Parke Muir's advertised that a GW712 Fisher & Paykel washing machine had a "WAS" price of $1,099.
Parke Muir's reviewed its sales records for that product and could not find a record of that product being sold by Parke Muir's at the price of $1,099.
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