Consumer guarantees and product warranties: Can your business afford to get it wrong?

Businesses offering goods and services for sale to the public often have the best of intentions in dealing with product warranty claims, however, their efforts can at times be let down by poorly written warranties, a lack of coherent customer claim processes or poor staff training in relation the organisation’s obligations under the law.  In [...]

2019-11-28T03:45:11+00:00November 28th, 2019|Business Advice, Business Partnerships, Corporate Advisory, Dispute Resolution|Comments Off on Consumer guarantees and product warranties: Can your business afford to get it wrong?

All care and no responsibility: Why unreasonable standard terms contracts might be a risk to your business

Historically, many businesses have sought to use their standard Terms and Conditions of trade (typically attached to an invoice or quote) to completely shield themselves from responsibility by incorporating clauses which heavily favour their own interests at the disadvantage of their customers or suppliers. The common logic for such an approach was that “if things [...]

2019-05-14T06:06:07+00:00May 12th, 2019|Business Advice, Contracts, Dispute Resolution|Comments Off on All care and no responsibility: Why unreasonable standard terms contracts might be a risk to your business

Think you’re safe because you’re b2b? Well read on it’s time to review your T&C’s!

The November 2016 amendments to the Australian Consumer Law (which extended the prohibition on ‘unfair terms' to contracts with small businesses) are starting to bite. Enforcement action by the ACCC since the amendments were introduced have demonstrated the Commission’s strong desire to get tough on onerous standard terms contracts. Under the amended legislation, some contracts [...]

2018-07-11T01:02:31+00:00July 10th, 2018|Business Advice, Compliance, Contracts, Corporate Advisory|Comments Off on Think you’re safe because you’re b2b? Well read on it’s time to review your T&C’s!

Excessive Surcharges? Expect Excessive Penalties

Per the Competition and Consumer Act 2010 (the CCA), a surcharge on card payments must not exceed the actual cost of processing the fee. The ACCC made this blatantly clear in November last year when it fined Red Balloon, the corporate gift agency founded by Shark Tank’s Naomi Simson, $43,200 for exceeding the caps set [...]

2018-02-07T00:37:35+00:00February 2nd, 2018|Business Advice, Compliance|437 Comments