Contract Law In MALAYSIA

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 seminar recently.
If you find this informative, pls circulate. It was conducted by A/P
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 relevation!!

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).

Pls 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 cost RM5.00. The Tribunal will
settle within 2 months period.

Tribunal Tuntutan Pengguna Malaysia ,
Tingkat 16, Putra Place ,
100, Jalan Putra ,
50622 KUALA LUMPUR < B>