(ii) the size or height or method of attachment,
the goods cannot be returned or removed or transported without significant cost to the consumer, in which case the supplier shall collect the goods at its own expense;
(b) because of the method of attachment, the goods cannot be returned or removed without significant damage to the real or personal property to which they are attached, in which case the supplier shall compensate the consumer for any loss or damage resulting from or consequent upon such removal; or
(c) the goods have already been returned to, or retrieved by, the supplier.
(3) Wheretheownershipinthegoodshaspassedtotheconsumer before the consumer exercises the right of rejection, the ownership in the goods re-vests in the supplier upon notification of rejection.
Consumer’s option of refund or replacement
46. (1) Where the consumer exercises the right to reject goods
conferred under this Act, the consumer may choose to have—
(a) arefundofanymoneypaidorotherconsiderationprovided by the consumer in respect of the rejected goods; or
(b) goods of the same type and of similar value to replace the rejected goods where such goods are reasonably available to the supplier as part of the stock of the supplier,
and the supplier shall make provision accordingly.
(2) A refund referred to in paragraph (1)(a) means a refund in cash of the money paid or the value of any other consideration provided, or both, as the case may require.
(3) The obligation to refund cannot be satisfied by permitting the consumer to acquire other goods from the supplier.
(4) Where a consumer obtains goods to replace rejected goods under paragraph (1)(b), the replacement goods shall, for the purposes of this Act, be deemed to be supplied by the supplier, and the guarantees and obligations under this Act relating to the supply of goods to a consumer shall apply to the replacement goods.
Consumer Protection 45 Assessment of damages in case of hire-purchase agreements
47. The damages that a consumer may recover for a failure of goods supplied under a hire-purchase agreement to comply with a guarantee under this Act shall be assessed, in the absence of evidence to the contrary, on the basis that the consumer will complete the purchase of the goods or would have completed the purchase if the goods had complied with the guarantee.
Liability for representation
48. (1) Where goods assigned or procured to be assigned to the supplier by a person acting in trade (the “dealer”) are supplied to a consumer, every representation made to the consumer by the dealer or by any person acting on the dealer’s behalf in connection with, or in the course of negotiations leading to, the supply of the goods shall give the consumer—
(a) as against the supplier, subject to section 49, the same rights as the consumer would have had under this Act if the representation had been made by the supplier personally; and
(b) as against the dealer who made the representation and any person on whose behalf the dealer was acting in making it, the same rights against any or all of them personally as the consumer would have had under this Act if that person had supplied the goods to the consumer as a result of the negotiations.
(2) Without prejudice to any other rights or remedies to which a supplier may be entitled, a supplier shall be entitled, where the representation was made without his express or implied authority, to be indemnified by the dealer who made the representation and by any person on whose behalf the dealer was acting in making it, against any damage suffered by the supplier through the operation of subsection (1).
Liability of assignees and financiers
49. (1) This section shall apply only in respect of hire-purchase agreements.
46 Laws of Malaysia ACT 599
(2) The liability under this Act of an assignee of the rights of a supplier under a contract of supply shall not exceed the amount owing by the consumer under the contract at the date of the assignment.
(3) The liability under this Act of a financier who has lent money on the security of goods supplied to a consumer shall not exceed the amount owing by the consumer at the date of the loan.
(4) Where the assignee referred to in subsection (2) or the financier referred to in subsection (3) suffers any losses because of a liability to the consumer under this Act, the assignee or financier shall, subject to any agreement with the supplier, be entitled to be indemnified by the supplier against those losses.
(5) No assignment of the rights under a contract of supply shall affect the exercise of any right or remedy given under this Act against the supplier.
PART VII
RIGHTS AGAINST MANUFACTURERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS
Consumer’s right of redress against manufacturers
50. This Part gives a consumer a right of redress against a
manufacturer of goods where—
(a) the goods fail to comply with the implied guarantee as to acceptable quality under section 32;
(b) the goods fail to comply with the implied guarantee as to correspondence with description under section 34 due to the failure of the goods to correspond with a material description applied to the goods by or on behalf of the manufacturer or with the express or implied consent of the manufacturer;
(c) the goods fail to comply with the implied guarantee as to repairs and spare parts under section 37;
Consumer Protection 47
(d) the goods fail, during the currency of the guarantee, to comply with any express guarantee given by the manufacturer that is binding on the manufacturer in accordance with section 38.
Exceptions to right of redress against manufacturers
51. Notwithstanding section 50, there shall be no right of redress against the manufacturer under this Act in respect of goods which fail to comply with the implied guarantee under section 32 or 34 where the failure is due to—
(a) an act, default or omission of, or any representation made by, a person other than the manufacturer; or
(b) a cause independent of human control, occurring after the goods have left the control of the manufacturer.
Options against manufacturers where goods do not comply with guarantees
52. (1) Where a consumer has a right of redress against the manufacturer under this Part in respect of the failure of any goods to comply with a guarantee under Part V, the consumer may obtain damages from the manufacturer—
(a) for the reduction in the value of the goods resulting from the manufacturer’s failure, namely—
(i) the reduction below the price paid or payable by the consumer for the goods; or
(ii) the reduction below the average retail price of the goods at the time of supply,
whichever price is lower;
(b) for any loss or damage to the consumer resulting from the manufacturer’s failure, other than loss or damage through a reduction in the value of the goods, which is proved to be a result or consequence of the failure.
(2) Where the consumer is entitled by an express guarantee given by the manufacturer to require the manufacturer to remedy the failure by—
(a) repairing the goods; or