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In forceUpdated to 1 Nov 2021Read it in Bahasa Malaysia

Part VI · Rights Against Suppliers in Respect of

41. Options against suppliers where goods do not comply with guarantees

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In plain English

If goods fail a guarantee, the consumer may require the supplier to fix a fixable failure within a reasonable time. If the supplier does not, the consumer may have it fixed elsewhere and claim reasonable costs. For an unfixable or substantial failure, the consumer may reject the goods or claim lost value. Other proven loss may also be claimed.

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

(1)

Where a consumer has a right of redress against the supplier under this Part in respect of the failure of any goods to comply with a guarantee under Part V, the consumer may exercise the following remedies:

(a)

where the failure is one that can be remedied, the consumer may require the supplier to remedy the failure within a reasonable time in accordance with section 42; and

(b)

where the failure is one that cannot be remedied or is of a substantial character within the meaning of section 44, the consumer may—

(i)

subject to section 43, reject the goods in accordance with section 45; or

(ii)

obtain from the supplier damages in compensation for any reduction in the value of the goods below the price paid or payable by the consumer for the goods.

(2)

In addition to the remedies under subsection (1), the consumer may obtain from the supplier damages for any loss or damage suffered by the consumer, other than loss or damage through a reduction in the value of the goods, which is proved to be a result or consequence of the failure.

(3)

Where the supplier refuses or neglects to remedy the failure as required under paragraph (1)(a), or refuses or neglects to do so within a reasonable time, the consumer may—

(a)

have the failure remedied elsewhere and obtain from the supplier all reasonable costs incurred in having the failure remedied; or

(b)

subject to section 43, reject the goods in accordance with section 45.

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Report

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