Australian Consumer Law Case Summary
The consumers has complete right against the distributor for the purpose and quality they have mentioned for their product ( Under part 2-5 of Australian Consumer law, ACL). The term manufacturer doesn't mean that it should be the actual manufacturer alone, it also includes the distributor and other entities.
For example, the importer is also included as a manufacturer and has equal right as that of the manufacturer. Both of them guarantees that the goods that they produce are of acceptable quality, have been accurately described, satisfy any manufacturer's expressed warranty, have parts and repair facilities reasonably available in reasonable time.
Breach of these, if it is minor problem, seller can choose the remedy whether to refund or
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The amount payable for such goods should not exceed $40000(ACL).
There has been a breach of the consumer guarantee regarding the quality of the Bonsoy soy milk. Misleading the consumers regarding quality, grade, formula (ACL part 3-1). According to ACL Part 3-5, liability for safety defective goods, manufacturer shouldn't have ignore the fact of maximum limit of iodine that a soy milk should contain. A glass of soy milk contained 50 times more than a normal consumption of iodine content.
Maruson who is the manufacturer and Muso who purchase product from Maruson and distributed to Australia is liable for all the damages and losses that has caused (ACL147). Spiral who is the importer owed a duty of care to Ms. Downie and the group members hold good to claims against Muso and Maruson ( Common Law, ACL S 138). The ignorance from the part has cause a great damages for the ultimate consumers.
ACL Part 5-4, Div 2 claims that the product should be fit the purpose and in particular acceptance to consumers which have been breached by the manufacturer. Part 3-5 perticularly says that it is the duty of the manufacturer – Maruson, Distributor – Muso and also the ultimate seller to retailer or consumers – Spiral to asses the safety of the standard of the product and to ensure no harm happens as a result of
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