LAWS107 Chapter Notes - Chapter 4: Consumer Affairs Victoria, Nightwear, Product Recall
Document Summary
Liability of manufacturer to seller for defective goods. Consumer has choice of whether to sue seller or sue manufacturer directly where goods supplied do not comply with the statutory guarantees. If consumer elects to sue seller, acl requires manufacturer to indemnify the seller for costs incurred because of failure of goods to comply with statutory guarantees: s 274. Product safety and information: the acl contains provisions concerning product safety, product recall and information requirements. The federal court has ordered ozsale pty ltd (ozsale) pay penalties totalling ,000 for supplying children"s nightwear which did not comply with the australian mandatory safety standard. Ozsale sold over 200 non-compliant garments to australian consumers and had over 11,000 non-compliant garments available for supply to australian consumers. Ozsale is a membership-based online retailer predominantly selling clothing which is sourced by purchasing excess inventory from mostly overseas suppliers.
