- (a) Any warranty, term or condition implied in these terms and conditions; and
- (b) Any Non-excludable Right (including, for the avoidance of doubt, section 274 of the Australian Consumer Law (Indemnification of Suppliers by Manufacturers) or any similar or successor provision),
23.2 Is limited, at Command’s option, to repair or replacement of the goods or the cost of repairing or replacing the goods.
Any advice, recommendation, information or representation provided by Command as to the quality or performance of the goods or their suitability for a particular purpose or otherwise in relation to the goods is given in good faith but without any liability or responsibility on the part of Command. You acknowledge that you have not relied upon or been induced by any representation by Command.
Command shall not be liable for any claim, loss or expense sustained or incurred by any person arising in any way as a result of the unavailability of goods or any delay in delivery of the goods or any failure to deliver the goods.
Any firmware or software that comes with goods we supply to you is supplied under licence only. You agree to abide by the terms of all such licences. You may return your purchase within 7 days of delivery if you do not accept any applicable licence in part or whole. Typically, licenses limit use of firmware and software to the one machine.
We are not responsible for delay caused by something outside our reasonable control which makes performance in the usual way impractical. Without limiting those general words, that applies where we have problems due to accidents, strikes, transport difficulties or stock shortages.
Delivery times are estimates only and we are not liable for delays in delivery.
You are bound by a certificate signed by any of our directors or solicitors which shows any amount or calculation relevant to what you owe us. The only exception is where you can prove the certificate is wrong or there is an obvious error on the face of the certificate.
These conditions can only be varied by one of our authorised officers signing a document which states the variation, and the transaction to which the variation applies.
Our transactions are governed by the law of New South Wales.
In this section:
- (a) “Command Stock” means all products supplied to you by Command and proceeds (as defined in section 11SA of the Personal Property Securities Act 2009 (Cth);
- (b) “PPSA” means the Personal Property Securities Act 2009 (Cth);
- (c) “PPS Law” means”:
- (i) The PPSA;
- (ii) Any regulation made pursuant to the PPSA; and
- (iii) Any amendment from time to time made to any other legislation or regulation as a consequence of a PPS Law referred to in paragraph (a) or (b);
- (d) “Registration Commencement Time” has the same meaning as given to that term in the PPSA;
- (e) “Security Interest” means a security interest as defined in the PPSA; and