Malaysia legislation
Section 31
Section 31
Implied guarantee as to title
(a)
that the supplier has a right to sell the goods;
(b)
that the goods are free from any undisclosed security;
and
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Act 599
(c)
that the consumer has a right to quiet possession of the goods, except in so far as that right is varied by—
(i)
a term of the agreement for supply where that agreement is a hire-purchase agreement within the meaning of the Hire-Purchase Act 1967
[Act 212];
(ii)
a disclosed security; or
(iii)
a term of the agreement for supply.
(2)
Where subparagraphs (1)(c)(ii) and (iii) apply, the supplier shall first orally advise the consumer as to the way in which his right to quiet possession of the goods may be varied.
(3)
The advice given by the supplier under subsection (2)
shall be as may be sufficient to enable a reasonable consumer to understand the general nature and effect of the variation.
(4)
Where a consumer has received oral advice under subsection (2)—
(a)
the supplier shall give to the consumer a written copy of the security or agreement for supply or a written copy of the part thereof which provides for the variation as explained to the consumer under subsection (2); and
(b)
the consumer shall acknowledge receipt thereof in writing.
(5)
Where the goods are only hired or leased—
(a)
paragraphs (1)(a) and (b) shall not apply; and
(b)
paragraph (1)(c) shall confer a right to quiet possession of the goods only for the period of the hire or lease.
(6)
For the purposes of this section—
“right to sell” means a right to dispose of the ownership of the goods to the consumer at the time when that ownership is to pass;
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“undisclosed security” means any security that is—
(a)
not disclosed to the consumer in writing before he agrees to the supply; and
(b)
not created by or with his express consent.
Implied guarantee as to acceptable quality