This consideration should encompass a review of representations made regarding the capabilities of the software. The Commission will continue to monitor the documentation associated with computer software and, if the incidence of statements which contravene the Act continues, will consider what further action it should take. Any attempt to do so is void. Suppliers would also be at risk under section 52 of the Act which prohibits misleading or deceptive conduct. The duration of the non-excludable conditions and warranties implied under the Trade Practices Act cannot be limited.
Suppliers can, of course, limit the duration of their express warranty.
However, in doing so suppliers should ensure that consumers will not be likely to be misled concerning their non-excludable rights and remedies under the Trade Practices Act. This warranty gives you specific legal rights, you may have other rights which vary from state to state. The statutory rights and remedies implied into consumer transactions under the Act cannot be excluded. These include the right to claim consequential damages in some cases and a time limit cannot be placed on these rights. Yep, you read that correctly.