The ACCC – most pleasingly – is taking a very close inspection of problems in the Caravan Industry… in relation to violations of the Australian Consumer Law.
The Commission has issued the following Media Release (178/21):
The Survey is very easy to complete… with plain instructions and simple questions.
All owners who have had “Consumer Protection” problems with their caravan are requested to complete and lodge the “Purchaser Survey“… as per the Media Release.
This Project is being taken very seriously by the ACCC, and provides an excellent opportunity for ‘vanners to take practical action to help eliminate the many problems that have caused – and are still causing – costly, lengthy and heart-breaking dramas for many caravanners.
In reality, very few ‘vanners who suffer unacceptable non-compliance problems with their ‘van – or are subjected to the refusal by Suppliers to rectify defects, even Major Failures – contact the ACCC. Normally they call their State Fair Trading or Consumer Affairs office for advice. In addition, they usually contact helpful internet Forums or a Consumer Advocate for assistance.
The prime Issues covered by the ACL (Australian Consumer Law) are:
Section 54 of the ACL is a guarantee imposed by law on a supplier that the goods supplied are of acceptable quality.
Acceptable quality is defined in section 54 of the ACL.
Section 54 (2) and (3) states that:
(2) Goods are of acceptable quality if they are:
(a) fit for all the purposes for which goods of that kind are commonly supplied; and
(b) acceptable in appearance and finish; and
(c) free from defects; and
(d) safe; and
as a reasonable consumer fully acquainted with the state and condition of the goods (including any hidden defects of the goods), would regard as acceptable having regard to the matters in subsection (3).
(3) The matters for the purposes of subsection (2) are:
(a) the nature of the goods; and
(b) the price of the goods (if relevant); and
(c) any statements made about the goods on any packaging or label on the goods; and
(d) any representation made about the goods by the supplier or manufacturer of the goods; and
(e) any other relevant circumstances relating to the supply of the goods.
Section 55 of the ACL is a guarantee imposed by law on a supplier that the goods supplied are reasonably fit.
Section 56 of the ACL is a guarantee imposed by law on a supplier that the goods supplied correspond with the description given by the supplier.
Section 57 (1) (c) of the ACL is a guarantee imposed by law on a supplier that the goods supplied correspond with a sample or demonstration model in quality, state or condition.
Section 57 (1) (e) of the ACL is a guarantee imposed by law on a supplier that the goods supplied are free from any defect that:
(a) would not be apparent on reasonable examination of the sample or demonstration model; and
(b) would cause the goods not to be of acceptable quality.
Note: The “Purchaser Survey” must be lodged by December 10 this year.
This is an excellent opportunity for all highly-aggrieved ‘vanners to help appreciably improve the professionalism of the industry… and enhance the Compliance, Safety, Quality and after-sales Service of caravans that are marketed in Australia.
Original article provided courtesy of
Colin G Young
Member IEAust & SAECCA
(Honorary Manager & Professional Automotive Engineer)