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Patterson Cheney Pty Ltd, trading as Patterson Cheney Holden (Patterson Cheney) has provided a court enforceable undertaking to the ACCC following an investigation relating to a breach of the Trade Practices Act 1974.
Patterson Cheney admits that it engaged in misleading conduct in contravention of section 53(g) of the Trade Practices Act 1974 when it advertised a Lifetime Mechanical Warranty which was subject to significant limitations.
The undertaking requires Patterson Cheney to:
send a letter to all of its customers who purchased a vehicle to which the Lifetime Mechanical Warranty applied and inform them that they have the option to switch to Patterson Cheney's Premium warranty product;
publish corrective notices on its website and in The Herald Sun and The Age; and
establish a trade practices compliance program.
Withdrawal of Section 87B Undertaking
On 8 March 2011 the ACCC consented to the withdrawal of the Undertaking of Mr Mark Rowsthorn, previously accepted on 18 April 2007 (Undertaking).
The purpose of the Undertaking was to establish and maintain Mr Mark Rowsthorn's independence, as a director of Asciano, from Toll.
Under the Undertaking, Mr Mark Rowsthorn agreed to remain an 'Independent Asciano Person'.