Section 68 — CONSUMER PROTECTION ACT 1999

(a)

the producer of the product;

(b)

the person who, by putting his name on the product or using a trade mark or other distinguishing mark in relation to the product, has held himself out to be the producer of the product; and

(c)

the person who has, in the course of his business, imported the product into Malaysia in order to supply it to another person.

WJW21/1045 Act 599.indd 84 18/03/2022 6:42 PM

Consumer Protection 85

(2)

Where damage is caused wholly or partly by a defect in a product, the person who suffered the damage may within a reasonable period after the damage occurs request the supplier to identify any or all of the persons referred to in subsection (1), whether or not he is or they are still in existence.

(3)

For the purpose of subsection (2), it is immaterial whether the supplier supplied the defective product to—

(a)

the person who suffered the damage;

(b)

the producer of a product in which the defective product is comprised therein; or

(c)

any other person.

(4)

Where the supplier fails to comply with a request under subsection (2) within a reasonable time having regard to all the circumstances, the supplier shall be held liable for the loss or damage.

(5)

This section shall not apply to a person in respect of any defect in agricultural produce if the only supply of the agricultural produce by the person to another person was at a time when the agricultural produce has not undergone any industrial process.

(6)

Where two or more persons are liable under this Part for the same damage, their liability shall be joint and several.

(7)

This section shall be without prejudice to any liability arising otherwise than under this Part.

(8)

The Minister may, by order published in the Gazette, declare that no proceeding shall be brought before the Tribunal or any court in respect of any defect in any goods after the expiry of such period calculated from the date of manufacture of such goods or class or both of such goods as may be specified in the order; and upon the making of such declaration, no proceeding shall be brought in respect of such defect before the Tribunal or any court.

WJW21/1045 Act 599.indd 85 18/03/2022 6:42 PM

86

Act 599

Extent of liability for loss or damage