VIC: Mayman Pty Ltd and Suling Ye - Enforceable undertaking
Motorbike and power tool importer Mayman Pty Ltd and its sole director, Ms Suling Ye, have acknowledged contravening the Australian Consumer Law (ACL) by offering, supplying or possessing or having under its control miniature motorbikes which contravened the permanent ban order on such goods.
In July 2012, Consumer Affairs Victoria inspectors seized 108 miniature motorbikes (known as mini bikes, pocket bikes, or monkey bikes) from the company’s Thomastown premises. Both road and dirt bikes were seized.
The miniature motorbikes seized are subject to a permanent ban order and failed to comply with the requirements set out in the permanent ban as their braking systems and foot pegs do not meet the minimum required safety standards.
Mayman Pty Ltd confirmed that it had sold approximately 67 of the bikes to customers since February 2012. Ms Ye, both personally and on behalf of the company, acknowledged that Mayman Pty Ltd had contravened the ACL by offering, supplying or possessing the permanently banned bikes.
On behalf of herself and the company, Ms Ye gave an undertaking to the Director of Consumer Affairs Victoria to:
- refrain from offering, supplying or possessing or controlling any goods which fail to comply with the relevant safety standard, ban or information under the ACL
- publish a public product safety warning and recall notice at each of its business premises for three months and in The Australian newspaper
- issue a voluntary recall notice
- write/email all customers to whom they had sold the banned goods, warning of their dangers and offering a full refund
- pay full refunds to anyone who returned the banned goods
- implement and maintain a compliance program designed to ensure no further contraventions, and have this program independently audited annually for a period until June 2015
- surrender to Consumer Affairs Victoria all banned motorbikes held or returned by customers for destruction and disposal by Consumer Affairs Victoria
- provide specified training to staff.
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Call Consumer Affairs Victoria on 1300 55 81 81, 9.00am - 5.00pm (Monday to Friday) and/or Email: firstname.lastname@example.org.