Malaysia legislation
Section 32
Section 32
(2)
For the purposes of subsection (1), goods shall be deemed to be of acceptable quality—
(a)
if they are—
(i)
fit for all the purposes for which goods of the type in question are commonly supplied;
(ii)
acceptable in appearance and finish;
(iii)
free from minor defects;
(iv)
safe; and
(v)
durable; and
(b)
a reasonable consumer fully acquainted with the state and condition of the goods, including any hidden defects, would regard the goods as acceptable having regard to—
(i)
the nature of the goods;
(ii)
the price;
(iii)
any statements made about the goods on any packaging or label on the goods;
(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.
WJW21/1045 Act 599.indd 61 18/03/2022 6:42 PM
62
Act 599
(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