In forceUpdated to 1 Nov 2021Read it in Bahasa Malaysia

Contents

Consumer Protection Act 1999 · Updated to 1 Nov 2021 · Part X

68. Liability for defective products

(1)

Where any damage is caused wholly or partly by a defect in a product, the following persons shall be liable for the damage:

(a)

the producer of the product;

(b)

the person who, by putting his name on the product or using a trade mark or other distinguishing mark in relation to the product, has held himself out to be the producer of the product; and

(c)

the person who has, in the course of his business, imported the product into Malaysia in order to supply it to another person.

Consumer Protection 85

(2)

Where damage is caused wholly or partly by a defect in a product, the person who suffered the damage may within a reasonable period after the damage occurs request the supplier to identify any or all of the persons referred to in subsection (1), whether or not he is or they are still in existence.

(3)

For the purpose of subsection (2), it is immaterial whether the supplier supplied the defective product to—

(a)

the person who suffered the damage;

(b)

the producer of a product in which the defective product is comprised therein; or

(c)

any other person.

(4)

Where the supplier fails to comply with a request under subsection (2) within a reasonable time having regard to all the circumstances, the supplier shall be held liable for the loss or damage.

(5)

This section shall not apply to a person in respect of any defect in agricultural produce if the only supply of the agricultural produce by the person to another person was at a time when the agricultural produce has not undergone any industrial process.

(6)

Where two or more persons are liable under this Part for the same damage, their liability shall be joint and several.

(7)

This section shall be without prejudice to any liability arising otherwise than under this Part.

(8)

The Minister may, by order published in the Gazette, declare that no proceeding shall be brought before the Tribunal or any court in respect of any defect in any goods after the expiry of such period calculated from the date of manufacture of such goods or class or both of such goods as may be specified in the order; and upon the making of such declaration, no proceeding shall be brought in respect of such defect before the Tribunal or any court.

Terms defined in this Act

agricultural produce
Defined · s 66
“agricultural produce” means any produce of the soil, of stock farming or of fisheries;
Open s 66
business
Defined · s 3
“business” means any undertaking that is carried on whether for gain or reward or not and in the course of which goods or services are acquired or supplied whether at a price or otherwise;
Open s 3
consumer
Defined · s 3
“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;
Open s 3
damage
Defined · s 66
“damage” means death or personal injury, or any loss of or damage to any property, including land, as the case may require;
Open s 66
goods
Defined · s 3
“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;
Open s 3
producer
Defined · s 66
“producer”, in relation to a product, means— (a) the person who manufactured it; (b) in the case of a substance which is not manufactured but is won or abstracted, the person who won or abstracted it; (c) in the case of a product which is not manufactured, won or abstracted but the essential characteristics of which are attributable to an industrial or other process having been carried out, the person who carried out that process;
Open s 66
product
Defined · s 66
“product” means any goods and, subject to subsection (2), includes a product which is comprised in another product, whether by virtue of being a component part, raw material or otherwise.
Open s 66
supplier
Defined · s 3
“supplier” means a person who, in trade— (a) supplies goods to a consumer by transferring the ownership or the possession of the goods under a contract of sale, exchange, lease, hire or hire-purchase to which that person is a party; or (b) supplies services to a consumer, and includes— (i) where the rights of the supplier have been transferred by assignment or by operation of law, the person for the time being entitled to those rights; (ii) a financier who has lent money on the security of goods supplied to a consumer, if the whole or any part of the price of the goods is to be paid out of the proceeds of the loan and if the loan was arranged by a person who, in trade, supplied the goods; (iii) a person who, in trade, assigns or procures the assignment of goods to a financier to enable the financier to supply those goods, or goods of that kind, to the consumer; and (iv) a person who, in trade, is acting as agent for another person where that other person is not supplying in trade; *NOTE—This Act has replaced the Companies Act 1965 which came into operation on 31 January 2017–see subsection 620(1)…
Open s 3
trade
Defined · s 3
“trade” means any trade, business, industry, profession, occupation, activity of commerce or undertaking relating to the supply or acquisition of goods or services;
Open s 3
Tribunal
Defined · s 3
“Tribunal” means the Tribunal for Consumer Claims established under section 85.
Open s 3

Report

Read on from s 69

Part XI

The National Consumer Advisory Council

Read on from Part XI

Part XII

The Tribunal for Consumer Claims

Read on from Part XII

Part XIII

Enforcement

Read on from Part XIII

Part XIV

General and Miscellaneous

Read on from Part XIV