New Aim Pty Ltd - s.87B undertaking

Company or individual details

  • New Aim Pty Ltd
    115 804 432

Undertaking

The Australian Competition and Consumer Commission (ACCC) has accepted a section 87B undertaking from New Aim Pty Ltd ACN 115 804 432 (trading as OzPlaza.Living) (New Aim) for supplying a household cot that did not comply with the relevant safety standard, in breach of section 106 of the Australian Consumer Law (ACL).

Between about 1 May 2013 and about 3 September 2013, New Aim supplied 400 “Wooden Sleigh 3 in 1 Baby Cots” that New Aim admits did not comply with the consumer product safety standard for household cots (the Standard).

The ACCC was particularly concerned because the cot supplied by New Aim posed numerous risks to vulnerable infants and small children as a direct result of failing to comply with the Standard, including the risks of falls, suffocation and entrapment.

To address the ACCC’s concerns, New Aim has provided the ACCC with a court-enforceable undertaking that it will:

• not supply or offer to supply consumer goods that are the subject of a safety standard in force under the ACL, unless those goods comply with the relevant standard and New Aim has obtained specified written evidence of compliance from an accredited testing agency;
• send the recall notice by email and post to customers who have not yet responded to the recall;
• provide full refunds to customers who respond to the recall and pay all reasonable customer expenses associated with the recall; and
• establish and implement a Consumer Law Compliance Program, which includes formal training for staff.

New Aim has also paid $10,200 in respect of an Infringement Notice issued under section 134A(1) of the Competition and Consumer Act 2010 in relation to the alleged contravention of section 106 of the ACL.