(b) replacing the goods with goods of identical type,
no action shall be commenced under paragraph (1)(a) unless the consumer has required the manufacturer to remedy the failure and the manufacturer has refused or neglected to remedy, or has not succeeded in remedying, the failure within a reasonable time.
PART VIII
GUARANTEES IN RESPECT OF SUPPLY OF SERVICES
Implied guarantee as to reasonable care and skill
53. Where services are supplied to a consumer, there shall be implied a guarantee that the services will be carried out with reasonable care and skill.
Implied guarantee as to fitness for particular purpose
54. (1) Where services are supplied to a consumer, there shall be implied a guarantee that the services, and any product resulting from the services, will be—
(a) reasonably fit for any particular purpose; and
(b) ofsuchnatureandqualitythatitcanreasonablybeexpected
to achieve any particular result,
that the consumer makes known to the supplier, before or at the time of the making of the contract for the supply of the services, as the particular purpose for which the services are required or the result that the consumer desires to achieve.
(2) The implied guarantees referred to in subsection (1) shall not apply where the circumstances show that—
(a) the consumer does not rely on the supplier’s skill or judgment; or
(b) itisunreasonablefortheconsumertorelyonthesupplier’s skill or judgment.
Consumer Protection 49 Implied guarantee as to time of completion
55. Where services are supplied to a consumer, there shall be implied a guarantee that the services will be completed within a reasonable time where the time for the services to be carried out is not—
(a) determined by the contract;
(b) left to be determined in a manner agreed by the contract;
or
(c) left to be determined by the course of dealing between the parties.
Implied guarantee as to price
56. (1) Where services are supplied to a consumer, there shall be implied a guarantee that the consumer shall not be liable to pay to the supplier more than the reasonable price for the services where the price for the services is not—
(a) determined by the contract;
(b) left to be determined in a manner agreed by the contract;
or
(c) left to be determined by the course of dealing between the parties.
(2) Wherethereisafailuretocomplywiththeimpliedguarantee under subsection (1), the consumer’s only right of redress shall be to refuse to pay more than the reasonable price.
(3) Nothing in Part IX shall be taken to confer on the consumer any other right of redress.
(4) For the purposes of this section, what is a “reasonable price” shall be a question of fact depending on the circumstances of each particular case, and where the price has been fixed under any written law, the reasonable price shall be as may be specified under that written law.
50 Laws of Malaysia ACT 599 PART IX
RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF SERVICES
Consumer’s right of redress against suppliers
57. This Part gives a consumer a right of redress against a supplier of services where the services or product resulting from the services fail to comply with any of the implied guarantees under sections 53 to 55.
Exceptions to right of redress against supplier in relation to services
58. Notwithstanding section 57, there shall be no right of redress against the supplier under this Act in respect of the failure of the services or any product resulting from the services to comply with the implied guarantee under section 54 or 55 where the failure is due to—
(a) an act, default or omission of, or any representation made by, a person other than the supplier; or
(b) a cause independent of human control.
Contracts of work and materials
59. Nothing in section 57 shall limit or affect the rights of a consumer under Part VI or VII where the contract is one involving work and materials.
Options against suppliers where services do not comply with guarantees
60. (1) Whereaconsumerhasarightofredressagainstthesupplier under this Part in respect of the failure of any services or any product resulting from the services to comply with a guarantee under Part VIII, the consumer may exercise the following remedies:
(a) wherethefailureisonethatcanberemedied,theconsumer may require the supplier to remedy the failure within a reasonable time;
Consumer Protection 51
(b) where the failure is one that cannot be remedied or is of a substantial character within the meaning of section 62, the consumer may—
(i) subject to section 61, cancel the contract for the supply of the services in accordance with section 63; or
(ii) obtain from the supplier damages in compensation for any reduction in the value of the product resulting from the services below the charge paid or payable by the consumer for the services.
(2) Inadditiontotheremediesundersubsection(1),theconsumer may obtain from the supplier damages for any loss or damage suffered by the consumer, other than loss or damage through a reduction in the value of the product resulting from the services, which is proved to be a result or consequence of the failure.
(3) Where the supplier refuses or neglects to remedy the failure as required under paragraph (1)(a), or refuses or neglects to do so within a reasonable time, the consumer may—
(a) have the failure remedied elsewhere and obtain from the supplier all reasonable costs incurred in having the failure remedied; or
(b) subject to section 61, cancel the contract for the supply of the services in accordance with section 63.
Loss of right to cancel contract
61. The right conferred under this Act to cancel a contract shall
not apply where—
(a) theservicessuppliedunderthecontractismerelyincidental to the supply of the goods; and
(b) the consumer has or had the right to reject the goods under section 41, whether or not he exercises that right.
Failure of substantial character
62. For the purposes of paragraph 60(1)(b), a failure to comply
with a guarantee shall be of a substantial character where— (a) the product resulting from the services—
(i) issubstantiallyunfitforapurposeforwhichservices of the type in question are commonly supplied; or