Vodafone Hutchison Australia Pty Limited - s.87B undertaking

In the period 1 May 2008 to 8 June 2009 Vodafone Hutchison Australia Pty Limited (VHA) implemented a handset direction which involved VHA staff making representations to its customers that the only remedy available to them for a faulty mobile phone was a repair of that phone.

Generally the only time a customer was able to obtain a replacement mobile phone was during the “Early life Failure” period, which was normally 14 days after purchase.

VHA has acknowledged that in making these kinds of statements it was likely to have breached ss.52 & 53(g) of the Trade Practices Act by making false and misleading representations to consumers about their statutory rights.

As part of court enforceable undertakings, VHA will now provide customers with:

• an express repair warranty for faulty handsets (except those manufactured by Apple) for the duration of a customer’s service contract for handsets acquired on or after 1 December 2009;
• an express repair warranty of 24 months for active pre-paid customers for handsets purchased on or after 1 January 2010; and
• an express repair warranty on mobile internet devices purchased on or after 1 January 2010.

VHA has also undertaken to take all reasonable steps to complete repairs on faulty handsets in a timely manner and to provide loan phones to consumers while their phones are being repaired.

VHA will provide the above to both its ‘3’ and Vodafone customers.