Faulty goods and refunds

Who this covers

The Act applies to goods and services offered or supplied to consumers in trade, including trade done through electronic means.

Consumer Protection Act s 2(1)

It does not apply to securities, futures contracts, land or interests in land (except where the Act expressly says so), services of professionals regulated by any written law, or healthcare services by healthcare professionals or facilities.

Consumer Protection Act s 2(2)

What "acceptable quality" means

Goods are of acceptable quality if they are fit for all the purposes goods of that type are commonly supplied for, acceptable in appearance and finish, free from minor defects, safe and durable, and a reasonable consumer who knew their state and condition, hidden defects included, would regard them as acceptable.

Consumer Protection Act s 32(2)

In judging that, the reasonable consumer has regard to the nature of the goods, the price, statements on the packaging or label, what the supplier or manufacturer said about them, and all other relevant circumstances of the supply.

Consumer Protection Act s 32(2)(b)

Goods do not fail the guarantee because of a defect that was specifically drawn to your attention before you agreed to the supply.

Consumer Protection Act s 32(3)

They also do not fail it if you used them in a way, or to an extent, a reasonable consumer would not expect, and they would have passed had you not used them that way.

Consumer Protection Act s 32(5)

Other guarantees

Where goods are supplied by description, there is an implied guarantee that they correspond with the description.

Consumer Protection Act s 34(1)

There is an implied guarantee that goods are reasonably fit for a particular purpose you made known to the supplier, or that the supplier said they were fit for. It does not apply where you did not rely on the supplier's skill or judgment, or it was unreasonable for you to rely on it.

Consumer Protection Act s 33(1), (2)

Repair, replacement or refund

A supplier asked to remedy a failure can do so by repairing the goods (where the failure does not relate to title), curing a defect in title, replacing them with goods of identical type, or refunding what you paid where the supplier cannot reasonably be expected to repair or replace them or cure the defect in title.

Consumer Protection Act s 42(1)

If the supplier refuses or neglects to remedy the failure, or does not do it within a reasonable time, you can have it remedied elsewhere and recover all reasonable costs of that from the supplier, or reject the goods (subject to the limits on rejecting below).

Consumer Protection Act s 41(3)

You can also claim damages from the supplier for other loss or damage you prove was a result or consequence of the failure.

Consumer Protection Act s 41(2)

Rejecting the goods

You reject goods by telling the supplier that you are rejecting them and on what grounds.

Consumer Protection Act s 45(1)

When you reject goods, you can choose a cash refund of what you paid, or goods of the same type and similar value where the supplier reasonably has them in stock. A supplier cannot meet the duty to refund by letting you take other goods from it instead.

Consumer Protection Act s 46(1), (3)

You lose the right to reject if you do not use it within a reasonable time, you have disposed of the goods, they were lost or destroyed while held by someone other than the supplier, they were damaged after delivery for reasons unrelated to their state at supply, or they were attached to property and cannot be detached without damaging them.

Consumer Protection Act s 43(1)

Claiming at the Tribunal

No party can be represented by an advocate and solicitor at a hearing.

Consumer Protection Act s 108(2)

The Tribunal can only hear a claim based on a cause of action that accrues within 3 years of the claim, and cannot deal with a claim arising from personal injury or death.

Consumer Protection Act s 99(2), (3)

The Tribunal makes its award without delay and, where practicable, within 60 days from the first day of the hearing. The award can order, among other things, a refund, a repair or replacement, or compensation for loss or damage.

Consumer Protection Act s 112(1), (2)

An award is final and binding on the parties, and is treated as an order of a Magistrate's Court.

Consumer Protection Act s 116(1)

A person who fails to comply with an award after 14 days commits an offence, punishable by a fine of up to RM10,000, imprisonment of up to 2 years, or both.

Consumer Protection Act s 117(1)