Buying and selling firewood

Trade Measurement Buying and selling firewood Buying and selling firew Trade measurement legislation Consumer Affairs Victoria administers the Trade Measurement Act 1995 and the Trade Measurement Regulations 2007. This uniform national legislation covers: • the use of measuring instruments for trade • testing and certification of measuring instruments in use for trade • transactions by measurement • pre-packed articles • public weighbridges • instrument certifying businesses (servicing licensees). Trade measurement legislation creates consumer and business confidence in the marketplace by ensuring that consumers get what they pay for and businesses benefit by reducing the over-supply of goods. Consumer Affairs Victoria inspectors operate throughout Victoria to assist consumers, business and industry with advice and information about sound trade measurement practices. Consumer Affairs Victoria’s inspectors: • provide advice on trade measurement matters • ensure all measuring instruments in use for trade are certified • audit the accuracy of measuring instruments in use for trade • monitor the activities of servicing licensees and public weighbridges • check pre-packed articles for correct packer identification and measurement markings and for their correct measure • investigate complaints and resolve problems associated with trade measurement matters. ood Definitions A measuring instrument is deemed to be in use for trade if the measurement it makes forms the basis of a transaction. The possession of a measuring instrument by a trader, or its presence on premises or in a place used by that trader is prima facie evidence that the instrument is used for trade. A pre-packed article is one which is packed in advance ready for sale. A servicing licensee is a business that holds a licence with Consumer Affairs Victoria to certify measuring instruments in use for trade. User may mean any person who uses a measuring instrument, has a measuring instrument in their possession for use, or makes a measuring instrument available for use for trade. Methods of selling loose firewood Firewood may be sold by reference to weight, volume or the lot. Weight Any person selling firewood by weight should weigh each load before delivery. Measurement by weight must be the weight of the firewood excluding any container, vehicle, ropes etc. Weight should be determined on a suitable weighbridge or on an approved high capacity platform scale which has been certified by a licensee. If firewood is being delivered to more than one customer at a time, it is necessary for the seller to determine the weight of each order and keep each load separate. A delivery ticket stating the weight of the wood delivered must be given to the customer at the time of delivery. Firewood must not be deliberately soaked to increase its weight. This is an offence under the Fair Trading Act 1999. Note: sale by weight has no relationship to sale by volume. Volume In regional areas, firewood is most commonly sold by volume. Firewood sold by volume must be neatly stacked, with as few gaps as practicable, and measured while it is stacked, ‘gaps and all’. The volume of firewood is determined by multiplying together the average length, height and breadth of the stack. All measurements must be in metres or decimals of a metre. Measurement by volume is made easy when firewood is stacked between two upright posts on level ground and to a uniform height. Line up the log ends on one side of the stack, measure the length of the stack at the top and bottom, add the measurements together and divide the total by two to get the average length. Measure the height at each end of the stack, add the measurements together and divide the total by two to get the average height. Take several measurements of the breadth at various points along the stack, add these together and divide the total by the number of measurements taken to get the average breadth. The volume is then calculated by multiplying the average length x average height x average breadth. A seller can also determine volume by calculating the storage capacity of their vehicle (trailer, utility or truck). Wheel arches, hoist boxes or other protrusions into the storage capacity must be deducted from the calculated capacity. To prevent disputes, it is recommended that the stacked firewood be measured in the presence of the customer. Sale by volume has no relationship to sale by weight. The lot It is permissible to sell firewood by the lot; that is, as a stack, trailer load or truck load. But if sold by this method, there must not be any reference to the weight or volume of the lot otherwise the sale must comply with the requirements of a sale by weight or volume. Converting volume to weight Due to varying wood densities, moisture content and differing amounts of free space when the wood is stacked, it is not possible to convert weight to volume and vice versa. Therefore, a seller should not claim, guess or assume that a certain volume relates to weight measurement. This is not a defence in a case of short measure. Pre-packed firewood Goods packed before sale are generally termed pre-packed articles and have specific requirements in the way they are packed and labelled before being placed on sale. There is a list of exempt articles in the Trade Measurement Regulations 2007. Where pre-packed articles are sold by reference to weight, the weight stated on the pack must be the net weight, that is, the weight of the article without any packaging material. If firewood is being sold in small pre-packed quantities (bags, bundles, etc), the seller must state on the outside of the package: • the measurement of firewood in the package, (e.g. 25 kg) • the name and street address of the packer or the person on whose behalf the articles were packed. Advertising Firewood being offered or advertised for sale at a price determined by its measurement must be measured in one of the following units: • tonnes (t) • kilograms (kg), or • cubic metre (m3). Seller’s responsibilities If firewood is sold at a price determined by volume (cubic metres) or weight (kilograms or tonnes) other than pre-packed firewood, the seller must ensure that: • the measurement is made using a measuring instrument of a pattern approved by the National Measurement Institute (NMI) and certified by a person or business licensed by Consumer Affairs Victoria, and • the measurement is made in the presence of the customer, or • the customer is provided with a delivery docket (e.g. invoice/receipt) stating the number of cubic metres of firewood delivered if being sold by volume or stating the weight of the firewood being sold by weight. Buying and selling firew Offences and penalties Offences include: • delivery of less than the measurement stated in the offer to purchase • using an uncertified measuring instrument for trade • using an incorrect measuring instrument for trade • using a measuring instrument in an unjust manner • advertising, offering or exposing articles for sale at a price determined by a measurement that is not a prescribed measurement • failing to measure an article in the presence of the customer or provide a written statement of the measurement • selling pre-packed articles without the net measurement being marked on the package • failing to mark the name and street address of the packer or business/individual accepting responsibility for packing the pre-packed articles. Breaches of the Trade Measurement Act 1995 could lead to prosecution with fines which may exceed $20,000 for individuals or $100,000 for corporate bodies. wood Further information and assistance If you have any queries or would like more information about trade measurement please contact Consumer Affairs Victoria on (03) 8684 6200. To contact your local trade measurement inspector phone 1300 36 55 00 (local call cost applies). Information is also available on the Consumer Affairs Victoria website at www.consumer.vic.gov.au. This brochure is one of a series on trade measurement. The aim of these brochures is to increase the awareness of legislative requirements when transacting by measurement. Brochures in this series: • Buying and selling firewood • Correct measurement is good business • Garden and landscape materials • Grain quality measurements • Measuring instruments in use for trade • Pre-packed articles • Petroleum retailing • Retailers • Sale of alcohol • Sale of meat • Selling fresh fruit and vegetables • Weighbridges Disclaimer Because this publication avoids the use of legal language, information about the law may have been summarised or expressed in general statements. This information should not be relied upon as a substitute for professional legal advice or reference to the actual legislation, specifically the Trade Measurement Act 1995, Trade Measurement (Administration) Act 1995 or Trade Measurement Regulations 2007. The information contained in this brochure relates only to trade measurement matters. Consumer Affairs Victoria Victorian Consumer & Business Centre 113 Exhibition Street Melbourne 3000 Telephone 1300 55 81 81 (local call charge) Email consumer@justice.vic.gov.au Website www.consumer.vic.gov.au Regional offices are located in Ballarat, Bendigo, Berwick, Box Hill, Broadmeadows, Geelong, Morwell, Mildura, Wangaratta and Warrnambool. TIS Telephone Interpreting Service 131 450 TTY Textphone or modem users only, ring the NRS on 133 677, then quote 1300 55 81 81. Callers who use Speech to Speech Relay dial 1300 555 727, then quote 1300 55 81 81. Trade Measurement Enquiries: Telephone 8684 6200 Facsimile 8684 6222 Or to contact your local trade measurement inspector Telephone 1300 36 55 00 (local call charge) July 2009 TM-09-02 Authorised by the Victorian Government 121 Exhibition Street, Melbourne 3000.