EPSON Australia Limited - s.87B undertaking

EPSON supplies computers within Australia. In June 1997 the Commission raised with EPSON concerns it had about the claimed page per minute print speeds for the EPSON Stylus 400, 600 and 800 inkjet printers. Specifically, the Commission was concerned that the claims made by EPSON regarding the printers may breach sections 52 and 53(c) of the TPA. EPSON acknowledged the Commission's concerns and, as a result, removed all offending representations from advertising and has entered into a court enforceable undertaking under section 87B of the Act. EPSON has undertaken the following: not to promote page per minute speeds for Printers without qualification; to request all resellers to remove existing promotional material for the Printers (new promotional material will be provided); to place a message on its website, for a period of 3 months from the date of the undertaking, a message advising purchasers of the factors upon which print speeds are based; to spend a maximum of $15,000 on an industry information package about printer operation; maintain a "hyperlink" to the Commission's website; conduct information seminars for distributors and resellers; offer refunds to affected customers; and develop a trade practices compliance program in accordance with AS3806.