TWM Imports Pty Ltd has paid three infringement notices totalling $19,800 and provided a court enforceable undertaking for supplying hydraulic trolley jacks which failed the mandatory safety standard.
TWM supplied 271 hydraulic trolley jacks between February 2009 and July 2011 which were not labelled with all the required warning and usage information and failed to pass a prescribed performance test.
The Australian Competition and Consumer Commission became aware of the non-compliant jacks through its regular national product safety surveillance program. Upon being informed, TWM ceased supply of the jacks and initiated a national voluntary product safety recall.
"Mandatory safety standards are in place to minimise accidents and harm to consumers which means the ACCC takes a strong stance on non-compliance," ACCC chairman Rod Sims said.
In 2004 and 2006, the ACCC took legal action against TWM in the Federal Court. The court found TWM supplied jacks that did not comply with the safety standard in breach of the Trade Practices Act 1974 (now the Competition and Consumer Act 2010).
Given TWM's past record, it is only due to the company's prompt and full cooperation with the ACCC and the fact that there was a genuine compliance program in place at the time the breaches occurred that the ACCC decided against taking further legal action.
The ACCC notes that the company had previously tested a jack sample before supply which produced a performance pass result and that the labelling failures were of a relatively minor nature.
Mr Sims said this matter should serve as a lesson to suppliers of consumer goods that are subject to mandatory safety standards.
"Don't take the chance that you won't get caught supplying non-compliant goods. Don't take the risk of enforcement action and, more importantly, don't put consumers at risk."
The ACCC and the state and territory consumer fair trading agencies conduct regular comprehensive surveys of products for compliance with mandatory safety standards.
The infringement notices and the court enforceable undertaking will be listed on the public register on the ACCC's website www.accc.gov.au. Details of TWM's recall are available via www.recalls.gov.au.
Suppliers should check out the ACCC's Product Safety Australia website for important information about safety standards www.productsafety.gov.au. Suppliers can also receive updates by following @ProductSafetyAU Twitter account or liking the ACCC Product Safety Facebook page.