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In forceUpdated to 1 Nov 2021Read it in Bahasa Malaysia

Part V · Guarantees in Respect of Supply of Goods

31. Implied guarantee as to title

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(1)

Subject to subsection (5), the following guarantees shall be implied where goods are supplied to a consumer:

(a)

that the supplier has a right to sell the goods;

(b)

that the goods are free from any undisclosed security;

and

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(c)

that the consumer has a right to quiet possession of the goods, except in so far as that right is varied by—

(i)

a term of the agreement for supply where that agreement is a hire-purchase agreement within the meaning of the Hire-Purchase Act 1967

[Act 212];

(ii)

a disclosed security; or

(iii)

a term of the agreement for supply.

(2)

Where subparagraphs (1)(c)(ii) and (iii) apply, the supplier shall first orally advise the consumer as to the way in which his right to quiet possession of the goods may be varied.

(3)

The advice given by the supplier under subsection (2)

shall be as may be sufficient to enable a reasonable consumer to understand the general nature and effect of the variation.

(4)

Where a consumer has received oral advice under subsection (2)—

(a)

the supplier shall give to the consumer a written copy of the security or agreement for supply or a written copy of the part thereof which provides for the variation as explained to the consumer under subsection (2); and

(b)

the consumer shall acknowledge receipt thereof in writing.

(5)

Where the goods are only hired or leased—

(a)

paragraphs (1)(a) and (b) shall not apply; and

(b)

paragraph (1)(c) shall confer a right to quiet possession of the goods only for the period of the hire or lease.

(6)

For the purposes of this section—

“right to sell” means a right to dispose of the ownership of the goods to the consumer at the time when that ownership is to pass;

Consumer Protection 61

“undisclosed security” means any security that is—

(a)

not disclosed to the consumer in writing before he agrees to the supply; and

(b)

not created by or with his express consent.

Report

Part VI

Rights Against Suppliers in Respect of

Part VII

Rights Against Manufacturers in Respect of

Part VIII

Guarantees in Respect of Supply of Services

Part IX

Rights Against Suppliers in Respect of Guarantees in the Supply of Services

Part X

Part XI

The National Consumer Advisory Council

Part XII

The Tribunal for Consumer Claims

Part XIII

Enforcement

Part XIV

General and Miscellaneous

Schedules