90 results, showing 61 to 80
On 17 February 2000, Smith Broughton Pty Ltd trading as Smith Broughton & Sons (Smith Broughton) sold at an auction in Perth 20 aluminium trolley jacks [the Jack(s)], which do not comply with the mandatory product safety standard for hydraulic trolley jacks, being Australia/New Zealand Standard AS/NZS 2615:1995 (the Standard).
The Jacks were labelled as having a capacity of 4000lbs (1814.4kg), however testing of an identical jack has revealed it to only have a capacity of 750kg.
Furthermore, the Jack also did not comply with the Standard in relation to marking, packaging and instruction requirements
The ACCC considers that as a result, Smith Broughton was likely to have breached section 65C of the TPA by supplying goods that are intended to be used by a consumer, and which were of a kind in respect of which there is a prescribed consumer product safety standard, which did not comply with the standard
Smith Broughton therefore acknowledges and admits that its supply of the Jacks described above contravened section 65C of the TPA
Smith Broughton has given court-enforceable undertakings that it:
will write to and provide all customers who purchased the Jack at the auction on 17 February 2005 a full refund of the purchase price;
will not for a period of 5 years supply goods of which there is a prescribed consumer product safety standard and which do not comply with that standard; and
will implement and maintain a trade practices compliance program
The attached document is a variation to the Ramsay undertaking which was accepted by the ACCC on 13 April 2005. The variation has the effect of adding six names to the Ramsay Divestiture Team listed in Annexure B
IT Warehouse operates a partly franchised chain of retailers of computer and electronic products. In 2004 IT Warehouse regularly promoted discount prices for certain digital cameras in its regular catalogues where no stock, or insufficient stock, was presently available, but orders were merely taken. In addition to consumer inconvenience, this advertising placed other retailers at an unfair competitive disadvantage with IT Warehouse.
IT Warehouse admitted this may have misled consumers in breach of s.
Tyco Australia Pty Ltd, trading as ADT Security (ADT), has provided a court enforceable undertaking to the ACCC in respect of its alarm monitoring services and its former provision of mobile patrol call services.
Since August 2001, ADT has represented to most of its residential and small business customers that the customers would receive Grade One or Grade A1 alarm monitoring services (the highest, most secure grade of alarm monitoring) when in fact the customers have not received Grade One/A1 monitoring as certified under the relevant Australian Standard: 2201.2-2001.
The attached document is a variation to the Ramsay undertaking which was accepted by the ACCC on 13 April 2005. The variation has the effect of adding Paul Fitzmaurice to the Ramsay Divestiture Team listed in Annexure B
Holmac Sales Pty Ltd is incorporated in Western Australia and carries on business as a distributor of Dewlands fruit juice products. Holmac imports the Dewland fruit juice products from South Africa.
Auspoly Pty Limited has provided a section 87B undertaking to the ACCC in respect of future representations it will make regarding the 'R value' or insulation value of its domestic polyester insulation batts
It undertakes that all representations it makes concerning the 'R value' of such products will be derived from and be consistent with procedures and testing compliant with Australian / New Zealand Standard AS/NZS 4859.
Autex Pty Limited has provided a section 87B undertaking to the ACCC in respect of future representations it will make regarding the 'R value' or insulation value of its domestic polyester insulation batts.
This variation to the Undertaking of 7 December, 2004 addresses the extension of the Initial Sale Period
British American Tobacco Australia Limited has undertaken that it:
will not make claims about the health benefits of low yield cigarettes when compared to high yield cigarettes:
will remove ‘light’ and ‘mild’ descriptors and related numbers from all cigarettes produced for Australian consumers from 31 May 2005; and
will pay $4 million to fund anti-smoking information campaigns and programs concerning low yield cigarettes.
Philip Morris has undertaken that:
it will not make claims about the health benefits of low yield cigarettes when compared to high yield cigarettes:
it will remove ‘light’ and ‘mild’ descriptors and related numbers from all cigarettes produced for Australian consumers from 31 July 2005; and
it will pay $4 million to fund anti-smoking information campaigns and programs concerning low yield cigarettes.
Berri Limited has provided a Court enforceable undertaking to the ACCC in respect of its Fruitful Superjuice range of products which the ACCC alleged contravened sections 52, 52(a), 53(c), and 55 of the Trade Practices Act.
Berri Limited represented its Green Zone Fruitful Super Juice product contained a 'shot' of wheatgrass, barley grass and spirulinas (grass additives) when it contained amounts of each of the green additives in quantities less than a 'shot'.
On 27 April 2005 Termico Pty Ltd ACN 074 933 869 provided a court-enforceable undertaking to the ACCC after acknowledging alleged contraventions of sections 52 and 53(g) of the Trade Practices Act in relation to termite protection warranty claims.
Prior to April 2004, Termico Pest Management Pty Ltd trading as Termico Pest Management Services (Termico) represented in documents to homeowners, including in its New Home Termite Protection Warranty, that the Warranty was a 10 year warranty when in fact it was a 12 months warranty that could be renewed annually (up to 9 times) by the homeowner for an annual renewal fee. The ACCC is of the view that Termico's conduct in making those representations contravenes sections 52 and 53 (g) of the TPA.
Termico acknowledged the ACCC's concerns and has provided court-enforceable undertakings that:
it will not, in trade or commerce, make false or misleading representations to customers regarding the duration of the warranty;
it will write to warranty holders to explain the effect of its conduct; and
it will implement and maintain a trade practices compliance program.
Ramsay has undertaken to divest 14 private hospitals (located in New South Wales, Victoria, Queensland and Western Australia) to CVC Asia Pacific Limited and Ironbridge Capital Pty Limited.
The Undertaking acknowledges the ACCC has not had the opportunity to examine the acquisition for the purpose of identifying competition concerns and Ramsay has undertaken to hold separate and preserve the Affinity businesses as an independently viable going concern until the ACCC has completed its investigation and assessment of the acquisition.
The Undertaking also recognises the ACCC may identify competition concerns arising from the transaction in any relevant markets for the provision of private hospital services in Australia and gives the ACCC broad power to require Ramsay to divest hospitals to address those concerns.
CVC and Ironbridge have undertaken to execute a confidential Heads of Agreement with Ramsay for the acquisition of 14 private hospitals in New South Wales, Victoria, Queensland and Western Australia.
The CVC and Ironbridge Undertaking will operate in unison with the Ramsay Undertaking.
Between May 2004 and August 2004, LG Australia released certain models of its washing machines for sale into the Australian market and represented that they were approved "4A Rated" by Water Services Association of Australia (WSAA) when in fact, at the time they were not.
LG also released a brochure in June 2004 which represented that the machines were 4A certified and posted information to this effect on the LG Australia website.
Western Australian consumers who bought these machines and approached the Water Corporation for a $150 Waterwise Rebate may have had their claims rejected, as certification was not complete until 28 August 2004.
The ACCC is of the view that LG's conduct in making these representations contravenes sections 52 and 53(c) of the Act.
LG has provided court enforceable undertakings that it will:
place a corrective notice on the LG Australia website
send a corrective notice to retailers
upgrade and maintain its trade practices compliance program
Grab It stores in Victoria supplied certain cosmetic products which did not comply with the Cosmetics Standard in that they did not have the ingredients listed on the containers, nor did they supply in-store signage or listings of ingredients as an alternative reference for customers.
The stores also supplied cosmetic products which may have misled consumers as to their place of origin.
An undertaking has been given by the traders that they will
refrain from selling or offering for sale cosmetics without the ingredients being correctly listed;
refrain from selling or offering for sale cosmetics that have false or misleading place of origin representation;
cause a sign to be displayed advising of non-compliance of certain products; and
implement a trade practices compliance program
Chazel Pty Ltd supplied cosmetic products which may have misled consumers as to their place of origin.
An undertaking has been given by Chazel that they will
refrain from supplying cosmetics that have false or misleading place of origin representation; and
implement a trade practices compliance program
Grab It (QLD) and Groove Accessories (NSW) stores supplied certain cosmetic products which did not comply with the Cosmetics Standard in that they did not have the ingredients listed on the containers, nor did they supply in-store signage or listings of ingredients as an alternative reference for customers.
The stores also supplied cosmetic products which may have misled consumers as to their place of origin.
An undertaking has been given by the traders that they will
refrain from selling or offering for sale cosmetics without the ingredients being correctly listed;
refrain from selling or offering for sale cosmetics that have false or misleading place of origin representation;
engage in corrective advertising;
cause a sign to be displayed advising of non-compliance of certain products; and
implement a trade practices compliance program
Dubbo Radio Cabs Co-Operative Limited has undertaken it will cease allocating jobs in excess of 20kms on a value basis in numerical order least amount first and remove its ban on drivers using mobile phones to accept bookings
Dubbo Radio Cabs Co-Operative Limited has also undertaken to implement a trade practices compliance program
No results found
No results found