Malaysia legislation
Section 60
Section 60
Options against suppliers where services do not comply with guarantees
(a)
where the failure is one that can be remedied, the consumer may require the supplier to remedy the failure within a reasonable time;
WJW21/1045 Act 599.indd 77 18/03/2022 6:42 PM
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Act 599
(b)
where the failure is one that cannot be remedied or is of a substantial character within the meaning of section 62, the consumer may—
(i)
subject to section 61, cancel the contract for the supply of the services in accordance with section 63; or
(ii)
obtain from the supplier damages in compensation for any reduction in the value of the product resulting from the services below the charge paid or payable by the consumer for the services.
(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 product resulting from the services, 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 61, cancel the contract for the supply of the services in accordance with section 63.
Loss of right to cancel contract