(iv) any representation made about the goods by the
supplier or the manufacturer; and
(v) all other relevant circumstances of the supply of the goods.
(3) Where any defects in the goods have been specifically drawn to the consumer’s attention before he agrees to the supply, then, the goods shall not be deemed to have failed to comply with the implied guarantee as to acceptable quality by reason only of those defects.
(4) Where goods are displayed for sale or hire, the defects that are to be treated as having been specifically drawn to the consumer’s attention for the purposes of subsection (3) shall be defects disclosed on a written notice displayed with the goods.
(5) Goods shall not be deemed to have failed to comply with the implied guarantee as to acceptable quality if—
(a) the goods have been used in a manner or to an extent which is inconsistent with the manner or extent of use that a reasonable consumer would expect to obtain from the goods; and
(b) the goods would have complied with the implied guarantee as to acceptable quality if they had not been used in that manner or to that extent.
(6) A reference in subsections (3) and (4) to a defect is a reference to any failure of the goods to comply with the implied guarantee as to acceptable quality.
Implied guarantee as to fitness for particular purpose
33. (1) Subject to subsection (2), the following guarantees shall
be implied where goods are supplied to a consumer:
(a) that the goods are reasonably fit for any particular purpose that the consumer makes known, expressly or by implication, to the supplier as the purpose for which the goods are being acquired by the consumer; and
(b) that the goods are reasonably fit for any particular purpose for which the supplier represents that they are or will be fit.
Consumer Protection 37 (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.
(3) This section shall apply whether or not the purpose is a purpose as to which the goods are commonly supplied.
Implied guarantee that goods comply with description
34. (1) Where goods are supplied by description to a consumer, there shall be implied a guarantee that the goods correspond with description.
(2) A supply of goods is not prevented from being a supply by description by reason only that, being exposed for sale or hire, they are selected by a consumer.
(3) If the goods are supplied by reference to a sample or demonstration model as well as by description, the implied guarantees in this section and section 35 shall apply.
Implied guarantee that goods comply with sample
35. (1) The following guarantees shall be implied where goods are supplied to a consumer by reference to a sample or demonstration model:
(a) thatthegoodscorrespondwiththesampleordemonstration model in quality; and
(b) that the consumer will have a reasonable opportunity to compare the goods with the sample or demonstration model.
(2) If the goods are supplied by reference to a description as well as by a sample or demonstration model, the implied guarantees in this section and section 34 shall apply.
38 Laws of Malaysia ACT 599 Implied guarantee as to price
36. (1) Where goods 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 of the goods where the price for the goods 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 VI 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.
Implied guarantee as to repairs and spare parts
37. (1) Whereimportedorlocallymanufacturedgoodsaresupplied to a consumer, there shall be implied a guarantee that the manufacturer and the supplier will take reasonable action to ensure that facilities for the repair of the goods and the supply of spare parts for the goods are reasonably available for a reasonable period after the goods are so supplied.
(2) Subsection (1) shall not apply where reasonable action has been taken to notify the consumer, at or before the time the imported or locally manufactured goods are supplied, that the manufacturer or the supplier or both does not undertake that repair facilities and spare parts will be available for those goods.
Consumer Protection 39
(3) Wherereasonableactionhasbeentakentonotifytheconsumer, at or before the time the goods are supplied, that the manufacturer or supplier or both does not undertake that repair facilities and spare parts will be available for those goods after the expiration of a specified period, subsection (1) shall not apply in relation to the imported or locally manufactured goods after the expiration of that period.
Manufacturer’s express guarantee
38. (1) An express guarantee given by a manufacturer of goods which are supplied to a consumer shall bind the manufacturer to the extent specified in subsections (2), (3) and (4).
(2) An express guarantee in respect of goods given by a manufacturer in a document binds the manufacturer where the document is given to a consumer with the actual or apparent authority of the manufacturer in connection with the supply by a supplier of those goods to the consumer.
(3) Anexpressguaranteewhichisincludedinadocumentrelating to the goods and which appears to have been made by the manufacturer of the goods shall, in the absence of proof to the contrary, be presumed to have been made by the manufacturer.
(4) Proof that a consumer was given a document containing express guarantees by a manufacturer in respect of goods in connection with the supply of those goods to the consumer shall, in the absence of proof to the contrary, constitute proof that the document was given to the consumer with the authority of the manufacturer.
(5) For the purposes of this section, “express guarantee”, in relation to any goods, means an undertaking, assertion or representation in relation to—
(a) the quality, performance or characteristics of the goods;
(b) the provision of services that are or may at any time be
required in respect of the goods;
(c) the supply of parts that are or may at any time be required for the goods;