Assurance to the Commissioner for Consumer Affairs given for the purposes of s79 of the
Fair Trading Act 1987 by:
United Concrete Works Pty Ltd (106 827 490)
1. PERSONS GIVING THIS ASSURANCE
1.1 This Assurance is given to the Commissioner for Consumer Affairs by United Concrete Works Pty Ltd (United Concrete) of Unit 4, 1042 Grand Junction Road, Holden Hill in the State of South Australia and Renate Paul Romano for the purposes of section 79 of the Fair Trading Act
2.1 United Concrete Works Pty Ltd is a proprietary company limited by shares.
2.2 United Concrete is licenced to contract for concrete floor paving, concrete path paving and footing construction services in South Australia.
3. CONDUCT OF CONCERN
3.1 On 8 January 2013, United Concrete entered into a domestic building contract with Mrs Black to supply and install exposed aggregate pebble paving at her residential address located at 8 Emily Ave, Clapham for the sum of $24,686.20.
3.2 United Concrete requested that Mrs Black pay a deposit of $18,500.
3.3 United Concrete and its Director are in breach of section 30(1)(b) of the Building Work Contractor Act 1995 (BWCA) having demanded payment of a deposit in excess of the prescribed amount that being not more than 5% of the contracted price or an amount not greater than $1234.30.
4. COMMENCEMENT OF ASSURANCE
4.1 This assurance comes into effect when :
4.1.1 the assurance is executed by United Concrete; and
4.1.2 the Commissioner for Consumer Affairs accepts the assurance so executed.
5. ASSURANCE BY UNITED CONCRETE FOR THE PURPOSES OF SECTION 79 OF THE FAIR TRADING ACT 1987
5.1 In response to the concerns raised by CBS on behalf of the Commissioner for Consumer Affairs, United Concrete hereby provides an assurance to the Commissioner that:
5.1.1 all deposits for building work to be performed will be in accordance with the prescribed amount as determined by Regulation.
United Co crete acknowledges that:
6.1 CBS will make this undertaking publicly available including by publishing it on CBS’ public register of undertakings on its website;
6.2 CBS will, from time to time, make public reference to the undertaking including in news media statements and in CBS publications; and
6.3 This undertaking in no way derogates from the rights and remedies available to any other person arising from the alleged conduct.
6.4 This Assurance may be produced to any Court in respect of any proceedings alleging any future contraventions of the Fair Trading Act 1987 or a related Act.
Signed assurance (PDF 103KB)