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In forceUpdated to 1 Nov 2021Read it in Bahasa Malaysia

Part V · Guarantees in Respect of Supply of Goods

32. Implied guarantee as to acceptable quality

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In plain English

Goods supplied to a consumer carry an implied guarantee of acceptable quality. Goods of acceptable quality are fit for all usual purposes, acceptable in appearance and finish, free from minor defects, safe and durable. Defects specifically pointed out before the consumer agrees do not break the guarantee. Nor is it broken by failures caused only by unreasonable use.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

(1)

Where goods are supplied to a consumer there shall be implied a guarantee that the goods are of acceptable quality.

(2)

For the purposes of subsection (1), goods shall be deemed to be of acceptable quality—

(a)

if they are—

(i)

fit for all the purposes for which goods of the type in question are commonly supplied;

(ii)

acceptable in appearance and finish;

(iii)

free from minor defects;

(iv)

safe; and

(v)

durable; and

(b)

a reasonable consumer fully acquainted with the state and condition of the goods, including any hidden defects, would regard the goods as acceptable having regard to—

(i)

the nature of the goods;

(ii)

the price;

(iii)

any statements made about the goods on any packaging or label on the goods;

(iv)

any representation made about the goods by the supplier or the manufacturer; and

(v)

all other relevant circumstances of the supply of the goods.

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(3)

Where any defects in the goods have been specifically drawn to the consumer’s attention before he agrees to the supply, then, the goods shall not be deemed to have failed to comply with the implied guarantee as to acceptable quality by reason only of those defects.

(4)

Where goods are displayed for sale or hire, the defects that are to be treated as having been specifically drawn to the consumer’s attention for the purposes of subsection (3) shall be defects disclosed on a written notice displayed with the goods.

(5)

Goods shall not be deemed to have failed to comply with the implied guarantee as to acceptable quality if—

(a)

the goods have been used in a manner or to an extent which is inconsistent with the manner or extent of use that a reasonable consumer would expect to obtain from the goods; and

(b)

the goods would have complied with the implied guarantee as to acceptable quality if they had not been used in that manner or to that extent.

(6)

A reference in subsections (3) and (4) to a defect is a reference to any failure of the goods to comply with the implied guarantee as to acceptable quality.

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