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 Lemon law: you can sue and you can win

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BL98
post Jan 17 2024, 04:22 PM

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QUOTE(Roman Catholic @ Jan 17 2024, 04:37 AM)
Why is the dealership liable again ? Why isn't the manufacturer that is liable ? Manufacturer or dealer yang pasang vehicles ? Shouldn't the manufacturer be producing vehicles that are of certain standard & quality, so that their vehicles are operable  especially within it's warranty period ?

It's similiar to when buyers or their financier makes payment to the manufacturer via their dealership, don't the manufacturers & their dealers receive the full amount billed ? Ada ke tak terima full amount ? If ada, tak terima full amount atau tak dapat sebarang bayaran langsung or kena duit palsu ke, then tak payah be held liable for detective vehicles.

Ini kira vehicles yang defective aje tahu, belum lagi saya masuk "sengaja defective by design tanpa disedari ramai" tahu.
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Consumers won't claim with the manufacturer, because consumer buy from the dealership, hence the dealership has the responsibility to help solve the problem.

Whatever happen between the dealership and the manufacturer has got nothing to do with the customer.
Roman Catholic
post Jan 17 2024, 04:38 PM

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QUOTE(BL98 @ Jan 17 2024, 04:22 PM)
Consumers won't claim with the manufacturer, because consumer buy from the dealership, hence the dealership has the responsibility to help solve the problem.

Whatever happen between the dealership and the manufacturer has got nothing to do with the customer.
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So nice. No liability.

Kejap didn't the plaintiff name manufacturer as the 1st defendant ? Why customer won't want to claim from manufacturer pulak ? Ini you tokok tambah betul ? Why did the court dismissed the 1st defendant ? Only the 1st defendant has the resources at their disposal in resolving the issue but dismissed pulak. Minta ambil alih dia punya tempat ialah dealership. What technical expertise that the sales personnel at the dealership would have, that is far greater from the technicians, engineers & designers at the manufacturing plant ? Patut la in the reports it was written something like failure to call "material witness" those with technical expertise but instead preferred to call Tom Harry Dick from the dealership to give vague statements. Kejap if the material witness had any material, do y'all think this case would even happen ? Hmmm

Where did you learn this line, "Whatever happen between the dealership and the manufacturer has got nothing to do with the customer" ? That applies to which manufacturer ? Cause I would HELL WANT to avoid buying vehicles from whatever happens between the dealership and the manufacturer has got nothing to do with the customer. Manatau in future, if the new vehicle I am going to buy ram into problems, I would want to avoid the same scenario in the court case with the dismissal of the manufacturer as the 1st defendant and expect to unearth answers via the court. Spare me the intelligence.

Lastly I am dying to know this, are you a vehicle manufacturer ? Which hidden hand are you ?

ADDITIONAL INFO : If it's only the dealer's fault, then apahal Perodua COO kacau selesaikan hal Bezza gula ? Shouldn't Perodua COO biar je dealer itu settlekan masalah gula ? Korang cakap macam naik basikal masuk kayu dalam rim.

This post has been edited by Roman Catholic: Jan 19 2024, 05:00 PM
TSEnergyAnalyst
post Jan 18 2024, 10:46 PM

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https://www.freemalaysiatoday.com/amp/categ...-with-new-cars/

Talk . Please walk
Roman Catholic
post Jan 19 2024, 04:04 AM

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QUOTE(EnergyAnalyst @ Jan 18 2024, 10:46 PM)
KNN Singapore already adopted Lemon Law in 2004 almost 20 years ago, here the lemon minister nak buat analysis first. Maybe this lemon minister don't want my vote.

This post has been edited by Roman Catholic: Jan 19 2024, 05:48 AM
ayamxxx
post Jan 19 2024, 06:12 AM

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QUOTE(EnergyAnalyst @ Jan 18 2024, 10:46 PM)
QUOTE(Roman Catholic @ Jan 19 2024, 04:04 AM)
KNN Singapore already adopted Lemon Law in 2004 almost 20 years ago, here the lemon minister nak buat analysis first. Maybe this lemon minister don't want my vote.
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only start talk, then need minumum 5-7 years b4 implement? Or worst, Gomen no ball to ask Car Manufacturer to follow this as usual
Roman Catholic
post Jan 19 2024, 11:20 AM

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QUOTE(ayamxxx @ Jan 19 2024, 06:12 AM)
only start talk, then need minumum 5-7 years b4 implement? Or worst, Gomen no ball to ask Car Manufacturer to follow this as usual
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5~7 years ? Macam tak nak vote saya je. Siapa cepat, siapa dapat.
TSEnergyAnalyst
post Feb 3 2024, 10:37 AM

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https://autodeal.my/proton-would-welcome-le...alaysia-roslan/

Proton would welcome a possible introduction of a lemon law in Malaysia, according to its deputy CEO, Roslan Abdullah. However, car manufacturers should be protected under the rule too, he said.

“We are supportive of efforts to protect consumers. It is our fervent hope that such a law should protect manufacturers too, as we are also consumers. We also rely on parts from others and are exposed to the elements just like other consumers,” Roslan explained.
TSEnergyAnalyst
post Feb 3 2024, 10:41 AM

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https://www.freemalaysiatoday.com/category/...will-be-divine/

...there are relevant laws which protect vehicle owners, such as the Hire Purchase Act 1967, Sale of Goods Act 1967 and Consumer Protection Act 1999, which are applicable in defective vehicle cases.

Taken together, they ensure the protection of the hirer, consumer or buyer by imposing implied conditions on warranties and guarantees as to title, quality, sample, description, repairs, spare parts, and defects.

Most new vehicles sold in Malaysia are financed under a hire-purchase agreement, with the bank as the beneficial owner and the buyer as the legal owner.

Andrew Suresh, a lawyer who specialises in automotive law, says consumers have a right to reject a new vehicle based on certain conditions, for example if it does not fit its purpose, or it is not of merchantable quality.

However, a defect or issue which can be rectified successfully by the dealer does not entitle the buyer to reject the vehicle.

It must be a major defect – usually one which arises from technical faults, for example issues with the electronics or information technology, or some serious mechanical issues which makes the vehicle undrivable despite all rectification works by the manufacturer or dealer’s authorised service centre within a reasonable period.....
Roman Catholic
post Feb 3 2024, 01:41 PM

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QUOTE(EnergyAnalyst @ Feb 3 2024, 10:37 AM)
https://autodeal.my/proton-would-welcome-le...alaysia-roslan/

Proton would welcome a possible introduction of a lemon law in Malaysia, according to its deputy CEO, Roslan Abdullah. However, car manufacturers should be protected under the rule too, he said.

“We are supportive of efforts to protect consumers. It is our fervent hope that such a law should protect manufacturers too, as we are also consumers. We also rely on parts from others and are exposed to the elements just like other consumers,” Roslan explained.
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Buying parts to make a vehicle = Buying a vehicle.
TSEnergyAnalyst
post Feb 4 2024, 10:48 AM

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QUOTE(Roman Catholic @ Feb 3 2024, 01:41 PM)
Buying parts to make a vehicle = Buying a vehicle.
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Not sure what you mean.

The way this Proton's no 2 man said it sounds to me he wanted Proton to be PROTECTED BY LEMON LAW TOO against his suppliers too.

Sounds to me , like he wants to pass the blame or responsibility to the autoparts suppliers.



Roman Catholic
post Feb 4 2024, 01:19 PM

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QUOTE(EnergyAnalyst @ Feb 4 2024, 10:48 AM)
Not sure what you mean.

The way this Proton's no 2 man said it sounds to me he wanted Proton to be PROTECTED BY LEMON LAW TOO against his suppliers too.

Sounds to me , like he wants to pass the blame or responsibility to the autoparts suppliers.
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Yup you are right. I don't understand what is his problem. Aren't his suppliers suppose to meet certain quality and standards for the parts supplied to Proton. Otherwise why put a sticker LULUS Proton ? Kaki song ?

Is he implying that if his suppliers spare parts do not meet the quality standards, the parts would also be used on the production line. As such he needs the Lemon Law to protect Proton from his suppliers ? He smoking what weed until can become Deputy CEO ?

I also worked in factory before. If supplied parts dont meet specification, production stops. I think that is what he is trying to say, parts come already, cannot meet specification, production must carry on and fix barang out of specification aje la. Anything go wrong later, got Lemon Law man to protect our company from our supplier.

This post has been edited by Roman Catholic: Feb 4 2024, 01:37 PM
ayamxxx
post Feb 6 2024, 11:25 AM

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QUOTE(Roman Catholic @ Feb 4 2024, 01:19 PM)
Yup you are right. I don't understand what is his problem. Aren't his suppliers suppose to meet certain quality and standards for the parts supplied to Proton. Otherwise why put a sticker LULUS Proton ? Kaki song ?

Is he implying that if his suppliers spare parts do not meet the quality standards, the parts would also be used on the production line. As such he needs the Lemon Law to protect Proton from his suppliers ? He smoking what weed until can become Deputy CEO ?

I also worked in factory before. If supplied parts dont meet specification, production stops. I think that is what he is trying to say, parts come already, cannot meet specification, production must carry on and fix barang out of specification aje la. Anything go wrong later, got Lemon Law man to protect our company from our supplier.
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i been thinking the main reason is due to design spec shared by car manufacturers to vendor/ factory to follow with them push Vendor to use as lowest price can get vs Requirement. Ultimately the vendors all have to all sort to QC checking, audit, car manufacturers QC requirement to follow, else they are in big troubles. Example, for Waja last time, who the F design the power window bracket inside using plastic material, believe vendor just follow the design and cost for they to follow by car manufacturer.

Nowadays u see most recently car all come with a generally smaller battery vs 10 years ago. On Accord it use the same battery size like a Proton Waja iirc. U see Honda City, Vios battery sizes, no wonder they gone after hit 1 year plus cz look how tiny the battery size as oppose the car technology used etc. Not to mentioned all owner now use dashcam and some dashcam can use 24 hours monitoring, this hurts the battery life for example. Obviously the design/ criteria is decided by Car manufacturer instead of Vendor.
Roman Catholic
post Feb 6 2024, 12:36 PM

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QUOTE(ayamxxx @ Feb 6 2024, 11:25 AM)
i been thinking the main reason is due to design spec shared by car manufacturers to vendor/ factory to follow with them push Vendor to use as lowest price can get vs Requirement. Ultimately the vendors all have to all sort to QC checking, audit, car manufacturers QC requirement to follow, else they are in big troubles. Example, for Waja last time, who the F design the power window bracket inside using plastic material, believe vendor just follow the design and cost for they to follow by car manufacturer.

Nowadays u see most recently car all come with a generally smaller battery vs 10 years ago. On Accord it use the same battery size like a Proton Waja iirc. U see Honda City, Vios battery sizes, no wonder they gone after hit 1 year plus cz look how tiny the battery size as oppose the car technology used etc. Not to mentioned all owner now use dashcam and some dashcam can use 24 hours monitoring, this hurts the battery life for example. Obviously the design/ criteria is decided by Car manufacturer instead of Vendor.
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That is why I swap out the stock battery whenever I receive the new keys. Scotty Killmer has a video on this.

My other half said "Why need change a new battery ? Waste of money only." Then I showed her what problems other owners are facing within few months of ownership and now she understands why I am so particular about batteries.

I think I found what I loved doing i.e. not replacing batteries, that any Tom's Harry Dick also can do but focus on maintaining my loyal clients vehicles electrical charging system. It is a challenge but it's the satisfaction I get when this kucing kurap tukang tilik gets the prediction right.

Here is Scotty ...



Actually there is a valid reason why it's being done so, but I malu la say out nanti tersinggung pulak perasaan orang lain, since I also need their support also..Going against them is pointless, their pockets are really deep but 1 got one thing I want to say to the powers-that-be, I hope I don't get to become the plaintiff je. You wouldn't want to see me in court as your opponent.

This post has been edited by Roman Catholic: Feb 6 2024, 12:51 PM
TSEnergyAnalyst
post Mar 9 2024, 08:50 AM

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https://soyacincau.com/2024/03/08/malaysia-...ying-lemon-law/


According to the Ministry of Domestic Trade and Cost of Living, a feasibility study on the Lemon Law will be carried out this year. According to the Minister, Datuk Armizan Mohd Ali, the Lemon Law will help consumers claim losses if the product or vehicle they purchased breaks down or does not follow the quality criteria as stated by the manufacturer.


He was responding to a question by Datuk Seri Wee Ka Siong at today’s parliamentary seating.

“Once the study is completed, a policy decision will be made at the Ministry level before the legal framework is carried out,” he said in a written reply.





TSEnergyAnalyst
post Apr 10 2024, 11:13 AM

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Roman Catholic
post Apr 10 2024, 05:23 PM

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QUOTE(EnergyAnalyst @ Mar 9 2024, 08:50 AM)
https://soyacincau.com/2024/03/08/malaysia-...ying-lemon-law/
According to the Ministry of Domestic Trade and Cost of Living, a feasibility study on the Lemon Law will be carried out this year. According to the Minister, Datuk Armizan Mohd Ali, the Lemon Law will help consumers claim losses if the product or vehicle they purchased breaks down or does not follow the quality criteria as stated by the manufacturer.
He was responding to a question by Datuk Seri Wee Ka Siong at today’s parliamentary seating.

“Once the study is completed, a policy decision will be made at the Ministry level before the legal framework is carried out,” he said in a written reply.
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How is it that the quality criteria is stated by the manufacturer and not according to international standard of operation ? If according to manufacturer standards, then the manufacturer can claim anything is valid and good. For example new modern vehicles now comes with GPS trackers etc from their distributor which suppose to help deter theft. How is it that vehicles equipped with such systems, the moment it's stolen, it cannot be traced at all within the minutes of it being stolen ? What manufacturer standard is that ? Manufacturer is helping the thieves or what ?

This post has been edited by Roman Catholic: Apr 10 2024, 05:31 PM
TSEnergyAnalyst
post Apr 10 2024, 07:37 PM

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QUOTE(Roman Catholic @ Apr 10 2024, 05:23 PM)
How is it that the quality criteria is stated by the manufacturer and not according to international standard of operation ? If according to manufacturer standards, then the manufacturer can claim anything is valid and good. For example new modern vehicles now comes with GPS trackers etc from their distributor which suppose to help deter theft. How is it that vehicles equipped with such systems, the moment it's stolen, it cannot be traced at all within the minutes of it being stolen ? What manufacturer standard is that ? Manufacturer is helping the thieves or what ?
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Before anwering you ,

What do you see from lemon law in Singapore?

https://irblaw.com.sg/learning-centre/lemon...tationary%20etc.

The answer is somewhere therein

This post has been edited by EnergyAnalyst: Apr 11 2024, 11:07 AM
Roman Catholic
post Apr 10 2024, 07:56 PM

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QUOTE(EnergyAnalyst @ Apr 10 2024, 07:37 PM)
Before unanswered you ,

What do you see from lemon law in Singapore?

https://irblaw.com.sg/learning-centre/lemon...tationary%20etc.

The answer is somewhere therein
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Limitation of 6 months ? Kind of ridiculous I would say for a GPS tracking system. Ridiculous is not the proper word in this context but it's outrageous. To add salt to injury, subscribers have to pay annual fees for such tracking system that is proven to be utterly useless the moment it is stolen. Ini macam mana kira ?
TSEnergyAnalyst
post Apr 10 2024, 11:27 PM

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QUOTE(Roman Catholic @ Apr 10 2024, 07:56 PM)
Limitation of 6 months ? Kind of ridiculous I would say for a GPS tracking system. Ridiculous is not the proper word in this context but it's outrageous. To add salt to injury, subscribers have to pay annual fees for such tracking system that is proven to be utterly useless the moment it is stolen. Ini macam mana kira ?
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Yes. you have your answer there. When a law is amended or a new law is enacted, it will get view of various stakeholders (in our discussion here, using a car produced and sold. That will involve the car maker themselves (producer), the parts maker (sub-producer), the dealers (seller) and perhaps some consumer protection group representatives (buyer), then never forget banks too (the financier). Some how, after review of all facts and thoughts in Singapore, this happened.

Any law made is often accused of being unjust, unfair and inadequate. In reality however, the law is simply a framework comprising a set of rules and principles that have been developed so that people know where they stand in their dealings with each other.
For the framework to work, it needs to be applied consistently and uniformly. But it is also going to be further developed over time as and when the need arise. Law is never final, it is subject to amendments.

"Quality criteria stated by manufacturer" is simply to be understood as the features of a production vehicle or production car are mass-produced identical models, offered for sale to the public including its durability, its limitation of use, its warranty terms and conditions, etc. So as the car company who produce it, of course the manufacturer shall have a right and a say in those things. All things produced (not necessarily jut cars) of course have limitation of use, and limitation of time/durability.

So don't become panic over a general statement like that.

And please don't feel Singapore is no good by my example because Singapore is ranked higher when it comes to rule of law

https://worldjusticeproject.org/rule-of-law-index/global

https://worldjusticeproject.org/rule-of-law-index/global

Malaysia is higher ranked in rules of law compare to China, India, Indonesia, Thailand, Vietnam and Philippines and other SEA countries

This post has been edited by EnergyAnalyst: Apr 10 2024, 11:33 PM
TSEnergyAnalyst
post Apr 11 2024, 10:40 AM

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Having say the above, consumer place is above all as we are the one who hand in our money. Henry Ford said it the best:
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