Repairer notice to cover panel shops under the Competition and Consumer Act

Are you protecting your business against the amendment to the Competition and Consumer Act 2010 which came into effect on 1 July?


MTA NSW has sent Paint and Panel the correct wording for a form which you should get customers to sign before you work on their car.

The Australian Consumer Law (ACL) Regulations require that from 1 July 2011 repair notices must be provided by a repairer to a consumer before they accept goods for repair, where:

•  the goods being repaired are capable of retaining user-generated data; or
•  it is the repairer’s practice to supply refurbished goods rather than repair defective goods, or to use refurbished parts in the repair of defective goods.

These obligations apply even if goods were purchased prior to 1 July 2011 and whether or not the goods were initially purchased online or as second-hand goods. For full details click on this link to the ACCC.

SAMPLE REPAIR NOTICE

Dear customer,

An amendment to the Competition and Consumer Act 2010 (which took effect on the 1st July 2011) states that consumers must be given a notice, prior to any repair taking place to consumer goods, declaring that any user generated data may be lost as a result of the repair being carried out.

Examples of user generated data may include:

    * Music stored in on-board media systems
    * Files stored in on-board computers
    * GPS / mapping settings
    * Contacts and pre-set telephone numbers
    * Driver pre-recorded settings for seats, mirrors, steering wheel etc


In accordance with the requirements of the Act and the Regulation we are notifying you of the following:

a During the process of repair, some or all of your stored data may be lost. Please ensure that you have saved this data elsewhere prior to repair.

In circumstances where refurbished goods or parts are required to effect repairs, the legislation states that we must provide the following statement regarding same:

b Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

Thank you

I have received a copy of this notice

______________________________ _____________________________

Customer Name                                             Customer Signature