Consumer Protection Act 1999 · Updated to 1 Nov 2021 · Part V · Guarantees in Respect of Supply of Goods
38. Manufacturer’s express guarantee
Feedback & supportAn express guarantee given by a manufacturer of goods which are supplied to a consumer shall bind the manufacturer to the extent specified in subsections (2), (3) and (4).
manufacturer
“manufacturer” means a person who carries on a business of assembling, producing or processing goods, and includes— (a) any person who holds himself out to the public as a manufacturer of the goods; (b) any person who affixes his brand or mark, or causes or permits his brand or mark to be affixed, to the goods; and (c) where goods are manufactured outside Malaysia and the foreign manufacturer of the goods does not have an ordinary place of business in Malaysia, a person who imports or distributes those goods;
An express guarantee in respect of goods given by a manufacturer in a document binds the manufacturer where the document is given to a consumer with the actual or apparent authority of the manufacturer in connection with the supply by a supplier of those goods to the consumer.
goods
“goods” means goods which are primarily purchased, used or consumed for personal, domestic or household purposes, and includes— (a) goods attached to, or incorporated in, any real or personal property; (b) animals, including fish; (c) vessels and vehicles; (d) utilities; and (e) trees, plants and crops whether on, under or attached to land or not, but does not include choses in action, including negotiable instruments, shares, debentures and money;
An express guarantee which is included in a document relating to the goods and which appears to have been made by the manufacturer of the goods shall, in the absence of proof to the contrary, be presumed to have been made by the manufacturer.
Proof that a consumer was given a document containing express guarantees by a manufacturer in respect of goods in connection with the supply of those goods to the consumer shall, in the absence of proof to the contrary, constitute proof that the document was given to the consumer with the authority of the manufacturer.
consumer
“consumer” means a person who— (a) acquires or uses goods or services of a kind ordinarily acquired for personal, domestic or household purpose, use or consumption; and (b) does not acquire or use the goods or services, or hold himself out as acquiring or using the goods or services, primarily for the purpose of— (i) resupplying them in trade; (ii) consuming them in the course of a manufacturing process; or (iii) in the case of goods, repairing or treating, in trade, other goods or fixtures on land;
For the purposes of this section, “express guarantee”, in relation to any goods, means an undertaking, assertion or representation in relation to—
the quality, performance or characteristics of the goods;
the provision of services that are or may at any time be required in respect of the goods;
the supply of parts that are or may at any time be required for the goods;
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the future availability of identical goods, or of goods constituting or forming part of a set of which the goods in relation to which the undertaking, assertion or representation is given or made form part of; or
the return of money or other consideration should the goods not meet any undertaking by the guarantor, given or made in connection with the supply of the goods or in connection with the promotion by any means of the supply or use of the goods.