Contract Law In MALAYSIA
Legal Issue on Contract Law in Malaysia – Good for us to know
This is something I like to share with you from one of my seminars recently. If you find this informative, please circulate. It was conducted by Associate Professor Catherine Tay on Legal issues in E-commerce.
Notice that most of the time, the receipt/invoice you received from the merchant carries this exclusion clause or similarly worded statement: ‘Goods sold are not returnable’ or ‘No refund once sold’.
The thing that I have learnt from her is that : ‘As long as your good is purchased for home use and not for business ( i.e. to be resold), the above exclusion clause is VOID.
That means, as long as the good is defective, regardless of what is worded, you CAN get back all your money spent. You do not have to accept a repair on the good or an exchange. You CAN ask for a refund. AND you are LEGALLY right and entitled to! What a revelation!!
And most of the time the merchant will refuse to return you your money.
Her advice? >From her own experience ( and no less than 7 and all successful!), she will threaten the merchant with four words: ‘SEE YOU IN COURT!’
The court here refers to the Small Claims Tribunal Court .
However, you don’t have to tell them what court! All you have to pay is RM10 admin fee and the loser (the merchant) will have to refund you the money PLUS the admin fee!
She shared this with us because she felt that even educated people are cowed by such unfair wordings (which includes her jaded friends who are not lawyers).
Please try not to let the merchant fleece you the next time you have a defective good.
I know where to file this. On the 16th floor of Putra Place (The Mall opposite Putra World Trade Centre) . The form costs RM5.00. The Tribunal will settle the case within 2 months’ period.
Tribunal Tuntutan Pengguna Malaysia ,
Tingkat 16, Putra Place ,
100, Jalan Putra ,
50622 KUALA LUMPUR
Tel: 03 – 40492300 / 40424181 Fax: 03 – 40424259