Consumer Protection Act 1999 · Updated to 1 Nov 2021 · Part VII · Rights Against Manufacturers in Respect of
52. Options against manufacturers where goods do not comply with guarantees
Feedback & supportWhere a consumer has a right of redress against the manufacturer under this Part in respect of the failure of any goods to comply with a guarantee under Part V, the consumer may obtain damages from 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 reduction in the value of the goods resulting from the manufacturer’s failure, namely—
the reduction below the price paid or payable by the consumer for the goods; or
the reduction below the average retail price of the goods at the time of supply, whichever price is lower;
for any loss or damage to the consumer resulting from the manufacturer’s failure, 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.
Where the consumer is entitled by an express guarantee given by the manufacturer to require the manufacturer to remedy the failure by—
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;
repairing the goods; or
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replacing the goods with goods of identical type, no action shall be commenced under paragraph (1)(a) unless the consumer has required the manufacturer to remedy the failure and the manufacturer has refused or neglected to remedy, or has not succeeded in remedying, the failure within a reasonable time.