Clean Aqua Pty Ltd are facing legal risks under the Australian Consumer Law. In order for the ACL to be applicable to Clean Aqua Pty Ltd, there are certain conditions that have to be satisfied. The first condition under section 7 of the Australian Consumer Law is that Clean Aqua Pty Ltd has to be the manufacturer of the goods. This condition was fulfilled as they were they did manufacture the home Clean Aqua appliance. The second condition under section 2 of the Australian Consumer Law states that as part of their business activity, the company must be in trade or commerce. Clean Aqua Pty Ltd are participating in trade or commerce. The third condition under section 2 of the Australian Consumer Law implies that the product must be supplied by the means of sale. As the consumer purchased the appliance from the retail store, a sale was transacted. The fourth condition under section 2 of the Australian Consumer Law provides that goods include various different products. Clean Aqua home appliance is categorised under a good and therefore satisfies the condition. The Australian Consumer Law applies to Clean Aqua Pty Ltd as these conditions has been satisfied. The company is liable to legal risks if they have breached the Australian Consumer Law. Under Australian Consumer Law part 3 to 5 section 9 explains what constitutes a safety defect. This section provides that goods have a safety defect if a person is not expecting detriment to their safety not such as they are entitled
The statutory standard of care for professionals such as teachers can be found in s 22 of the Civil Liability Act 2003 (Qld) which states that
Corporations Law can be described as the interaction between directors, employees, financier, consumers and the community. Corporations law can be implied to this case as Water Corporations, a government owned company had a responsibility upon entering into a contract with Norvik Industries to provide an attention to skill when connecting the water line. To provide fully trained employees to undertake this job. This involved double checking there work.
The market segment for prill beads in Australia is purified drinking water. Market research has shown that premium quality water substitutes such as purified, filtered and bottled water are seen as luxury items due to the abundance of quality Australian tap water (Wu, 2016). Nevertheless a growing health and wellness trend and rising disposable incomes have expanded the
NSW Fair Trading is a useful website for resolving disputes. In these circumstances, NSW Fair Trading can assist us and provide useful advice. After lodging a complaint, NSW Fair Trading asses it and decides what dispute options are available to help resolve the issue, if the Hamilton Island holiday company has breached any laws and if the matter would be resolved better by another organisation. If so, NSW Fair Trading will provide us with any appropriate
ABC Chemicals is a medium-sized chemical distributor located at the rear of a large metropolitan shopping precinct. ABC Chemicals purchase large quantities of cleaning chemicals. These are delivered in 205 litre drums and include solvents, acids and other corrosives, and detergents. These products are decanted by ABC Chemicals’ workers into retail size containers (not exceeding 30 litres/ kilograms), re-labelled and shipped in company-badged delivery vehicles to retail outlets throughout the metropolitan area.
u. P2) This implies that the seller who intends to enter a contract with a customer has a duty to disclose exactly what the customer is buying and what the terms of the sale are.
Barnes, separately, had commenced proceedings in the District Court of NSW. Both proceedings were transferred to the Federal Court and heard with the proceedings issued by the ACCC. The judgment on this case was delivered on February 27, 1998 six years after Australia passed a statutory code dealing with defective goods in 1992 sixty years after the verdict on the Donoghue v Stevenson’s case.
• Eveready Australia Pty Ltd v Gillette Australia Pty Ltd OR Taco Company of Aust Inc v Taco Bell Pty Ltd (“objective test”)
This paper will incorporate my opinion of why customers buy Fiji Bottled Water. I will utilize the three levels of product including the core benefit, actual product and augmented product. Lastly, I will give my suggestions on which brand development strategies make the most sense for Fiji.
Also Aqualisa didn’t have an extensive advertising campaign and seems to believe that its new product will sell itself. They had a one-tine-only print advertising campaign in The Mail on Sunday magazine and spent only about 19 % of its budget expenses on marketing (2,724,000/14,469,000). I believe they can increase marketing expenses for new product to at least 25%-30 % and spend 4,000,000 euro. This will affect its profit a little but will help to build product awareness and customers’ education which is important on the product introduction stage. Thus, Aqualisha developed product with package of benefits that customers’ want but failed properly introduce its new shower to the customers by providing presale education and post sale customer service. As we learn from the marketing management course, introduction is the challenging stage, especially for this case because plumbers have had a previous bad experience with innovative products. So it is critical to effectively communicate value to the plumbers as well as provide plumbers with warranty that allows them to claim reimbursement from the company if the product fails. This will help to build trust and support. Best way to communicate value to the customers is to advertise the product in the trade press, lifestyle magazines by emphasizing the benefits of new shower such as easy and quick
To soothe the fears of consumers who are wary of electronic showers, Aqualisa has not devoted the necessary time and effort. Sales force was devoting 90% of their time in servicing existing customers. So they were not spending
The Sales of Goods Act 1893 provides the definition of ‘condition’ and ‘warranty’. During the period between 1893 to 1962 both ‘condition’ and ‘warranty’ was generally accepted that they were the only two types of terms which assist in ‘identifying the breaches which entitled the injured party to terminate the contract. In the turning point of 1962, a new type of term-intermediate term brought about a whole new page into the Law of Contract. Hong Kong Fir Shipping Co. Ltd vs Kawasaki Kisen Kaisha Ltd is the key case which owns the credit for this discovery. In the case, the ship owner hired out the Hong Kong fir, ‘being in every way fitted for ordinary cargo service’. The ship was delivered on 13 February 1957, sailing
This type of company is only in Australia, specifically for the mining companies. It can be differentiated by any of the traditional companies their stakeholders are not responsible to pay calls on unpaid shares. Purchasing of their shares is supposed to bind the shareholders into a binding contract because of high degree of risk in the business of mining.
A lack of experience in business-to-consumer marketing is apparent in Soren’s current communications to end-users. This market, unlike the market for commercial-use chemicals, emphasizes the use of clarifiers to ensure “perceived cleanliness” and clarity of water. The consumer market also appears to be minimally price-sensitive, as communications regarding annual savings are relatively ineffective in increasing sales of Coracle. Soren’s marketing efforts in the first half do not fall in line with the demands of their new customer. A pull strategy would involve adjusting communications to speak more directly to the very different concerns that pool owners and service
PT Aneka Tirta Sukoindo merupakan produsen air minum dalam kemasan (AMDK) bermerek "Aquacui" yang didirikan pada tanggal 1 Januari 2003 dan berlokasi di Sukorejo-Pandaan. PT Aneka Tirta Sukoindo baru-baru ini mendapat surat tuntutan (somasi) dari PT Aqua Golden Mississippi, pioneer company sekaligus market leader dalam industri AMDK di Indonesia. Alasan yang melatarbelakangi PT Aqua Golden Mississippi meluncurkan surat tuntutan kepada PT Aneka Tirta Sukoindo untuk segera menghentikan penggunaan merek Aquacui karena adanya unsur kata "aqua" yang melekat dalam merek "Aquacui". PT Aqua Golden Mississippi mengklaim bahwa merek dagang Aquacui memiliki kemiripan bunyi dengan merek dagang