Parke Muir's Pty Ltd trading as Ross Parke The Good Guys Discount Warehouses - s.87B undertaking

Parke Muir's Pty Ltd (Parke Muir's), trading as Ross Parke's The Good Guys Discount Warehouses, sells electrical goods and gas appliances in Geelong, Victoria.

In an advertisement that was published in the Geelong Advertiser on 7 May 2004, Parke Muir's advertised that a GW712 Fisher & Paykel washing machine had a "WAS" price of $1,099.

Parke Muir's reviewed its sales records for that product and could not find a record of that product being sold by Parke Muir's at the price of $1,099. The ACCC expressed its concern to Parke Muir's that the advertisement was possibly misleading to consumers and therefore in contravention of the Trade Practices Act 1974.

Parke Muir's has given court-enforceable undertakings to the ACCC that Parke Muir's:

• will not, in trade or commerce, advertise a "WAS" price for a product unless Parke Muir's has sufficient evidence to demonstrate that such an advertisement is not misleading
• will cause to be published in the Geelong Advertiser within 14 days of the signing of this undertaking the apology in the form annexed to the attached undertaking and
• will, within three months after the signing of this undertaking, create and maintain at its own expense, a trade practices compliance program, which will be independently audited on an annual basis for a period of two years