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In forceUpdated to 1 Nov 2021Read it in Bahasa Malaysia

Part VI · Rights Against Suppliers in Respect of

42. Satisfaction of requirement to remedy a failure

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In plain English

A supplier may fix a failure by repairing the goods, or by curing a defect in title. It may also replace them with goods of the same type. If repair or replacement cannot reasonably be expected, the supplier may give a cash refund. Replacement goods count as supplied by the supplier, and the same guarantees apply.

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

(1)

A supplier may satisfy a requirement under section 41 to remedy a failure of any goods to comply with a guarantee by—

(a)

where the failure does not relate to title, repairing the goods;

(b)

where the failure relates to title, curing any defect in title;

(c)

replacing the goods with goods of identical type; or

(d)

providing a refund of any money paid or other consideration provided by the consumer in respect of the goods where the supplier cannot reasonably be expected to repair or replace the goods or cure any defect in title.

(2)

Where a consumer obtains goods to replace defective goods under paragraph (1)(c), the replacement goods shall, for the purposes of this Act, be deemed to be supplied by the supplier and the guarantees and obligations under this Act relating to the supply of goods to a consumer shall apply to the replacement goods.

(3)

A refund under paragraph (1)(d) means a refund in cash of the money paid or the value of any other consideration provided, or both, as the case may require.

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