Repair Notices - today is the day!
Friday, 1 July 2011
From today, businesses accepting certain products for repair must give notices to customers before the goods are accepted for repair.
Any business that accepts products for repair that retain ‘user-generated data’ (eg. iPods, computers, mobile phones) must clearly warn consumers that repair of the goods may result in the loss of the data. The text for this notice is not prescribed, but the ACCC has provided suggested text in its draft guidance.
In addition, any business that provides refurbished products in lieu of a repair, or uses refurbished parts in repairs must provide a notice including the following text: ‘Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.’
Non-compliance carries a $50,000 penalty.
The ACCC is in the process of finalising guidelines on the notice and they expect to publish them next week. In the meantime, it has circulated draft guidelines which you can click here to view. The draft guidance contains the following important points:
- the notice must be in writing;
- it must be given before goods are accepted (therefore it is not acceptable to print the notice on a receipt or other document generated after acceptance); and
- customers must be given a copy of the notice to take away with them.
It is clear from the draft guidance that it is not sufficient to merely have a notice on display at the premises.
As this requirement is already in force, businesses that have not done so already should urgently review their procedures to ensure that the required notices are provided to customers.
For further information please contact:
For information on our Competition & Consumer Group click here. |
