Malaysia legislation
Section 72
Section 72
Defences
(a)
that the defect is attributable to compliance with any requirement imposed under any written law;
(b)
that he did not at any time supply the defective product to another person;
(c)
that the defect did not exist in the product at the relevant time;
(d)
that the state of scientific and technical knowledge at the relevant time was not such that a producer of products of the same description as the product in question may reasonably be expected to discover the defect if it had existed in his product while it was under his control;
or
(e)
that the defect—
(i)
is a defect in a product in which the product in question is comprised therein (the “subsequent product”); and
(ii)
is wholly attributable to—
(A)
the design of the subsequent product; or
(B)
compliance by the producer of the product in question with instructions given by the producer of the subsequent product.
(2)
For the purposes of subsection (1), “relevant time”—
(a)
in relation to electricity, means the time at which it was generated, being a time before it was transmitted or distributed; and
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(b)
in relation to any other product, means—
(i)
where section 68 applies, the time when the producer supplied the product to another person;
and
(ii)
where section 68 does not apply, the time when the product was last supplied by a person to whom section 68 applies to another person.