Malaysia legislation
Section 43
Section 43
(a)
the right is not exercised within a reasonable time;
(b)
the goods have been disposed of by the consumer;
(c)
the goods have been lost or destroyed while in the possession of a person other than the supplier;
WJW21/1045 Act 599.indd 68 18/03/2022 6:42 PM
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(d)
the goods were damaged after delivery to the consumer for reasons not related to their state or condition at the time of supply; or
(e)
the goods have been attached to or incorporated in any real or personal property and the goods cannot be detached or isolated without damaging them.
(2)
For the purposes of paragraph (1)(a), “reasonable time”
means a period from the time of the supply of the goods within which it would be reasonable to expect the defect to become apparent having regard to—
(a)
the type of goods;
(b)
the use to which a consumer is likely to put the goods;
(c)
the length of time for which it is reasonable for the goods to be used; and
(d)
the amount of use to which it is reasonable for the goods to be put before the defect becomes apparent.
Failure of substantial character