New Regulations - Warranties against defects
As you are hopefully already aware, from 1 January 2012, all warranties against defects that are supplied with goods or services must comply with the Australian Consumer Law (“ACL”) and Competition and Consumer Regulations 2010 (“Regulations”).
Please note the change impacts the warranty included in James Hardie and Scyon™ installation manuals and action by you may be required – see below. Our other information and product brochures can continue to be made available to customers without further action.
James Hardie is taking the following steps to comply with the Regulations and the provisions of the ACL:
1. Updating its product warranties to comply with the Regulations and the ACL.
2. Updating its installation manuals to include the updated product warranty.
3. Sending out email circulars to ACCEL™ members and those on our electronic database to notify them of the changes to our product warranty.
4. Suggesting two options (see below) that may assist you meet your obligations under the ACL and Regulations in relation to any existing James Hardie installation manuals you wish to make available to your customers.
We trust these steps will assist in minimising any disruption caused and ensuring that as from 1 January 2012, all new James Hardie documentation provided will comply with the Regulations and ACL.
As per step 4 above, if you are currently displaying or providing copies of James Hardie or Scyon™ installation manuals to your customers, to help ensure your compliance with the ACL and Regulations from 1 January 2012, we suggest you take one of the following two courses of action:
· Remove all existing copies of James Hardie installation manuals from display and refer customers to the James Hardie website for installation and warranty details;
· Update any of your existing stock of installation manuals which you intend to display or make available to your customers by:
(i) sticking one of the stickers provided by James Hardie to the front of each manual; and
(ii) inserting or stapling a copy of the “Important Notice – Australian Consumer Law” provided by James Hardie inside each manual.
Stickers and copies of the Important Notice are being sent to all customers. If you require more stickers, please contact your James Hardie sales representative or contact Ask James Hardie™ on 13 11 03. If you require more copies of the Important Notice, we suggest you take copies of the notice sent to you or download and print further copies from this link.
More information on the relevant provisions of the ACL about “warranties against defects” is available at http://www.accc.gov.au/content/index.phtml/itemId/996742. However, if you have any questions in relation to the steps James Hardie is taking as set out above; please do not hesitate to contact your sales representative or our Ask James Hardie™ team on 13 11 03.