Malaysia legislation
Section 38
Section 38
(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)
An express guarantee which is included in a document relating 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;
WJW21/1045 Act 599.indd 65 18/03/2022 6:42 PM
66
Act 599
(d)
the future availability of identical goods, or of goods constituting or forming part of a set of which the goods in relation to which the undertaking, assertion or representation is given or made form part of; or
(e)
the return of money or other consideration should the goods not meet any undertaking by the guarantor, given or made in connection with the supply of the goods or in connection with the promotion by any means of the supply or use of the goods.