8 results, showing 1 to 8
Between April 2007 and April 2008 Dirt Works Australia Pty Limited, a wholesaler of bicycles, supplied to retailers 115 Surly Steamroller bicycles which did not have a back brake and also, in some instances, did not have reflectors and a bell, as required by the mandatory standard for pedal bicycles.
Dirt Works also supplied those bicycles and a further 190 Surly Steamroller bicycles between May 2008 and June 2009 with a manual which did not comply with the mandatory standard and in packaging which did not have printed on it certain information and a warning regarding their assembly as required by the mandatory standard.
Dirt Works acknowledges that by engaging in the above-mentioned conduct it contravened section 65C of the Trade Practices Act 1974.
In response to concerns raised with it by the ACCC regarding its conduct, Dirt Works wrote to its retail customers to whom it supplied the bicycles advising them of the failure of the bicycles to comply with the mandatory standard and requesting that they cease supplying any unsold stock of them until they complied with the mandatory standard.
Dirt Works has provided court enforceable undertakings not to supply any bicycles that the mandatory standard applies to unless they comply with that standard and to implement a Trade Practices Compliance Program.
Dirt Works has also provided court enforceable undertakings which are designed to ensure that consumers who purchased the bicycles:
are made aware that their bicycles failed to comply with the mandatory standard;
are given the opportunity to have their bicycles fitted with a back brake, reflectors and a bell free of charge if they were not supplied with any of those items when they purchased their bicycles; and
are supplied with a manual which complies with the mandatory standard.
The Australian Competition and Consumer Commission has accepted court enforceable undertakings from Australian Loans Management Pty Ltd (ALM) and Active Money (Aust) Pty Ltd (AM).
ALM promoted and sold “licence agreements” for a finance broking business called “Active Money”. ALM stated that these licence agreements were not franchising agreements.
ALM also failed to comply with the Franchising Code of Conduct (the Franchising Code) when entering into existing franchise agreements and when dealing with prospective franchisees.
ALM has admitted that its licence agreement is a franchise agreement and that it did not comply with the Franchising Code.
It also admitted it misled franchisees by stating that the licence agreement was not a franchise agreement which potentially misled franchisees into believing that they were not entitled to the rights and remedies afforded by the Franchising Code.
ALM and AM have undertaken to implement measures to ensure future compliance with the Franchising Code, to provide existing franchisees with a copy of the Franchising Code, a disclosure document and a proposed franchise agreement that complies with the Franchising Code.
ALM and AM will also provide existing franchisees with the opportunity to cancel their existing licence agreement and obtain a full refund of all monies paid to ALM.
Although AM did not engage in the admitted contravening conduct, it also offered an undertaking to the ACCC because ALM advised that going forward it intends for AM to be the franchisor.
On 30 September 2009 the ACCC accepted the undertaking of Pfizer Inc and Pfizer Australia Pty Ltd in relation to the ACCC's decision not to oppose Pfizer Inc's proposed acquisition of Wyeth Corp.