Sports goods retailer Torpedo7 Ltd, a subsidiary of the Warehouse Group Ltd, has been fined $80,000 on two charges under the Fair Trading Act 1986.
In a statement yesterday, the Commerce Commission said pedal bicycles were covered by a mandatory product safety standard enforced by the commission. The standard required that certain bicycles must have front and rear brakes, and must be supplied along with specified safety information.
Between October 4 and November 17 2017, Torpedo7 (via its 1-Day website) advertised and offered to supply 100 Hang-Ten Cruiser bicycles and subsequently supplied 53 bicycles.
None had a front brake installed, as required by the standard. In addition, they did not comply with the standard because:
- they were not marked with the manufacturer, importer or supplier's details
- the owner's manual did not provide all required torque settings and advice on use of a torque wrench
- the manual did not include warnings regarding increased braking distance in the wet, replacement of handlebar grips and the rake of any replacement fork.
In sentencing in the Hamilton District Court yesterday, Judge Roberts said Torpedo7's conduct was ''highly culpable and a deterrent sentence is required''.
''The fact that no harm actually registered misses the point. The bikes were an accident waiting to happen.''
Torpedo7 recalled the bicycles after being contacted by the commission.
In a statement, 1-Day general manager Greg Bell said processes and policies had been improved to ensure the applicable safety standard was always met.
