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Kmart Australia Effie Assimakopoulos

https://www.youtube.com/watch?v=YdJxE33scnA&feature=youtu.be

Dear Jillian Meyers-Brittain (Fair Trading assistant regional manager)

Thank you for the reply that appears to be completed just one day after my message of 29th January 2015.

It would appear that both Fair Trading and Kmart have no intention of exercising their duty of care, nor have either organisations attempted to answer my concerns/questions in relation to this matter.

There should be no argument that Kmart's warning label in relation to the chair in question was inadequate (see attached NUMBER1)

I specifically bought this chair for out door use, however under the safety standard that Kmart said applied this was never intended to be used outdoors.

EN 12520:

"It does not apply to ranked seating, seating for non-domestic use, office work chairs, office visitors chairs, chairs for educational institutions, outdoor seating..."

The attached warning label (NUMBER 1) offers no such warning.

Why not?

Fair Trading informed me that Kmart compliance officer Ms Assimakopoulos stated the following in relation to my complaint: "Ms Assimakopoulos advised these particular folding chairs can be used indoors and outdoors however if the chair begins to rust due to the conditions in which it was stored, Kmart are unable to guarantee that the condition of the chair would be fit for purpose over time."

This explanation does not comply with the Standard EN12520 which clearly states the chairs are not to be used outdoors.

In your letter of 30 January you wrote:

"Having reviewed all information and documents provided, I can confirm that all appropriate actions have been conducted in accordance with Fair Tradingโ€™s complaint handling policies and procedures."

Jillian, In relation to the above what are the appropriate actions or tests that were applied to the compliance and public safety concerns to my complaint?

Also, Fair Trading has chosen not to address my public/customer safety concerns in relation to this matter nor has Fair Trading attempted to answer the following questions posed by me on 29th January:

1 - Did or did not Kmart claim the chair was sold under international standard BS EN 12520?

2 - Does not international standard BS EN 12520 state clearly that it does not apply to outdoor seating?

3 - Should Kmart's waring label have warned customers these chairs are not to be used or stored outdoors?

3 - If the above is true then why did you accept Ms Assimakopoulos's claim that the chair can be used outdoors, when in fact international standard BS EN 12520 does not apply to outdoor seating.

4 - If Ms Assimakopoulos's claim is true in respect that the chair can be used outdoors then what safety standard is applicable - as BS EN 12520 does not apply to outdoor seating?

5 - Ms Assimakopoulos claims that if rust appears due to the conditions it is stored then under what storage conditional would make such a chair rust?

6 - These were the questions that Ms Assimakopoulos should have been asked - why wasn't she?

7 - Are you now willing to ask Ms Assimakopoulos the above questions?

As I feel these are valid questions one might ask why have you not attempted to have Kmart address them?

Jillian would you kindly forward this email to your Regional Manager and request a reply to my concerns.

Please note that to the best of my knowledge Kmart have yet to issue a warning or recall in relation to their negligence regarding the warning label; meaning customers are still at risk of unnecessary injury, something that you are now fully aware of.

My final question to you is:

Why is it you refuse to honour your duty of care in relation to the safety of Kmart customers?

Your sincerely

Philip Moffat

Reason of review: Poor customer service.

Preferred solution: Kmart should issue a recall in theinterest of customer safety.

Location: Hurstville, New South Wales

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