Elecspess Pty Ltd - s.87B undertaking

Elecspess Pty Ltd, importer and wholesaler of automotive electrical products, promoted Condor Rear Combination Lamps as being compliant with certain national vehicle standards as required under the Motor Vehicle Standards Act 1989.

The representation that the lamps complied with national vehicle standards was stamped onto the face of each lamp. Independent testing conducted by the Queensland University of Technology showed that these lamps failed to meet the photometric requirements of the national vehicle standards.

Elecspess Pty Ltd has provided court enforceable undertakings to the ACCC

• that it will not supply products that are subject to a prescribed safety and/or information standard under the TPA, unless the products comply with the relevant standard;
• that it will quarantine all non-complaint lamps and cause such products to be shipped back to China and cause the manufacturer to make the necessary adjustments to the lamps to enable certification and compliance with the relevant standards; and
• that it will instigate and complete a recall and exchange program of all non-compliant lamps sold by it and that it will design and implement a trade practices compliance program covering sections 52, 53 and Division 1A of Part V of the Act.