Malaysia legislation
Section 41
Section 41
(a)
where the failure is one that can be remedied, the consumer may require the supplier to remedy the failure within a reasonable time in accordance with section 42; and
(b)
where the failure is one that cannot be remedied or is of a substantial character within the meaning of section 44, the consumer may—
(i)
subject to section 43, reject the goods in accordance with section 45; or
(ii)
obtain from the supplier damages in compensation for any reduction in the value of the goods below the price paid or payable by the consumer for the goods.
(2)
In addition to the remedies under subsection (1), the consumer may obtain from the supplier damages for any loss or damage suffered by the consumer, other than loss or damage through a reduction in the value of the goods, which is proved to be a result or consequence of the failure.
(3)
Where the supplier refuses or neglects to remedy the failure as required under paragraph (1)(a), or refuses or neglects to do so within a reasonable time, the consumer may—
(a)
have the failure remedied elsewhere and obtain from the supplier all reasonable costs incurred in having the failure remedied; or
(b)
subject to section 43, reject the goods in accordance with section 45.
WJW21/1045 Act 599.indd 67 18/03/2022 6:42 PM
68
Act 599
Satisfaction of requirement to remedy a failure