The Australian Competition and Consumer Commission has accepted a court-enforceable undertaking from Coventry Group Limited, trading as Independent Motor Mart (IMM), over the supply of elastic luggage straps which failed the mandatory product safety standard.
IMM retails motoring products in the Northern Territory. The undertaking follows successful ACCC Federal Court action in December 2004 against the strap's importer, Pro-Kit Pty Ltd.
The ACCC alleged that the Ratchet Tie Down Set sold by IMM contained elastic luggage straps which did not have permanently attached to them the required warning label regarding usage and eye injuries that could be suffered by users of the product.
"There is a significant danger of eye or facial injuries if elastic luggage straps are used incorrectly and that is why the safety standard is in place and needs to be enforced", ACCC Chairman, Mr Graeme Samuel said. "Whilst the product is a useful item, warning labels are required to properly inform the public about its correct use.
"There have been many recorded eye and facial injuries, and one reported death, resulting from the incorrect use of such luggage straps. Retailers have a responsibility under the law to ensure that their products meet the safety standards".
The straps' supplier, Coventry, trading as IMM, will:
- employ a product safety compliance manager
- establish a product safety compliance program
- provide adequate training for staff on product safety
- ensure an independent review of the program within 12 months and
- provide a report of the review to the ACCC.
"The undertaking provides a clear message that both manufacturers and retailers have joint responsibility in the supply of safe goods to the public", Mr Samuel said. "This undertaking will help prevent further breaches of this nature from occurring again.
"Mandatory product safety standards are in place to protect consumers. Businesses must ensure that they prevent breaches of product safety standards through their own internal compliance mechanisms".
Pro Kit was ordered to conduct a consumer recall of the product after the ACCC's action.