Supreme Court action against Alwyn Healy
Issue Date: - Friday, 20 November 2009
The Supreme Court of Western Australia has endorsed an undertaking by an air conditioning business to stop making misrepresentations about the system he installs.
In accordance with the undertaking, Alwyn Robert Healy, trading as “Aircon Factory Direct”, must not claim that his air conditioning system both heats and cools a home if it does not have these functions when installed.
The undertaking is part of legal action taken against Mr Healy by the Commissioner for Consumer Protection Anne Driscoll following consumer complaints.
The formal undertaking requires Mr Healy to order and pay for all parts for supply and installation of a complete system within two working days of entering into a contract with a customer and for him to respond to customer enquiries within 48 hours.
Mr Healy must give a customer 24 hours notice if he cannot install the system on the agreed date, providing the customer with reasons for the delay and an alternative date of installation.
If the system is then not installed within 14-days of the agreed date, a full refund must be given within 48 hours after the time limit is exceeded.
Any breach of this undertaking will be regarded as contempt of court and liable to punishment by way of fine or imprisonment. The undertaking is an interim measure until mediation or a trial takes place next year.
“We welcome the outcome of this court action which provides safeguards for consumers and offers security in any future dealings between this trader and his customers,” Ms Driscoll said.
END OF RELEASE
Media Contact: Alan Hynd
9282 0961 or 0429-078791