FitrahMu: FW: Legal Issue on Contract Law in Malaysia

Monday, September 1, 2008

FW: Legal Issue on Contract Law in Malaysia - Good for us to know

FYI

----- Original Message -----

To: hartini.mohd.isa@ericsson.com ;anuar@fuchitex.com.my ; azira@uum.edu.my

Sent: Tuesday, September 02, 2008 9:54 AM

Subject: Fwd: Legal Issue on Contract Law in Malaysia - Good for us to know

>>> Mimindiawanee Mat Arub 8/29/2008 8:22 AM >>>
Legal Issue on Contract Law in Malaysia - Good for us to know

This is something I'd like to share with you from one of my seminars recently. If you find this informative, pls circulate.
It was conducted by Associate Professor Catherine Tay on Legal Issues in E-Commerce.

Do you notice that most of the time, the receipt / invoice that you receive from the merchant carries this exclusion clause
or similarly worded statement: ' Goods sold are not returnable' or 'No refund once sold'.

From the seminar, I have learnt that : 'As long as the goods purchased are for home use and not for business
purposes (i.e. to be resold), the above exclusion clause is VOID.

That means, as long as the goods are defective, regardless of how the exclusion clause is worded, you CAN get
back all your money spent on buying the goods.
You do not have to agree to accept a repair on the goods or an exchange for them. You CAN ask for a refund.
AND you are LEGALLY right and entitled to!!! And most of the time the merchant will refuse to return you your money.

The Professor's advice (from her own experience and no less than 7 and all were successful!), she threatens the
merchant with four words: 'SEE YOU IN COURT!'

The court here refers to the Small Claims Tribunal Court . It's located on the 16th floor of Putra Place
(The Mall opposite Putra World Trade Centre) . The form costs RM5-00. The Tribunal will settle within 2 months
period. The full address is as follows:

Tribunal Tuntutan Pengguna Malaysia,
Tingkat 16, Putra Place,
100, Jalan Putra,
50622 KUALA LUMPUR
Tel: 03 - 40492300 / 40424181 Fax: 03 - 40424259

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, your money PLUS the admin fee!

Pls do not to let the merchant fleece you the next time you have a defective good.