Page:Australian Competition and Consumer Commission v Valve Corporation (No 3).pdf/75



250 Section s 64 of the Australian Consumer Law had the effect that it was not possible for a supplier of goods to exclude, modify or restrict the consumer guarantee of acceptable quality in s 54 of the Australian Consumer Law.

251 Valve submitted that the inclusion of the words "this section will apply to the maximum extent permitted by applicable law" had the effect that the representation was not false or misleading. However, considering the clause as a whole, it remains misleading for several reasons.

252 First, the qualification was expressed in general terms at the conclusion of a strong and broadly worded exclusion which included the express statement in the heading "No Guarantees".

253 Secondly, the qualification did not expressly make the exclusion subject to other laws. Instead, to the extent that it did so, it did so impliedly and in the course of representing that the section would be applied to the maximum extent possible.