As of 1 January 2012, the Competition and Consumer Regulations require all manufacturers and retailers to ensure all product and defect warranty information given to consumers complies with the new Regulation 90.
Click here for our earlier update on the requirements of Regulation 90. The gist is that if you choose to offer your consumers a warranty, it must comply with Regulation 90.
If you haven't already, your terms and conditions of trade may need to be updated to comply with the new requirements.
Luckily, a transitional period will be in place up to September 2012 for all goods packaged prior to 1 November 2011, where ACL regulators will consider the following in deciding whether or not to take any enforcement measures:
- whether there were any serious practical difficulties in updating warranty document (such as if the warranty is in a tamper-proof package); and
- whether all reasonable steps were taken by the supplier to comply with the new requirements.
The transitional period will only be considered on a case-by-case basis; so you need to promptly ensure your current terms and conditions of trade are compliant.
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