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> What you guys think of this? Valid?, About contract law Serious Talk

mrlonely78
post Mar 25 2009, 04:35 PM, updated 17y ago

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Is this true? If yes, then all the normal buyer(consumer) in Malaysia is protected smile.gif

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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
Tel: 03 - 40492300 / 40424181 Fax: 03 - 40424259
SUSahjames
post Mar 25 2009, 04:46 PM

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orait thanks.
ODST_MARK X
post Mar 25 2009, 04:51 PM

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I'm still young to know about this...^^
HHH816
post Mar 25 2009, 04:55 PM

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yes,it's true..but this mareshia not U.S
kliprift
post Mar 25 2009, 05:00 PM

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old news.....
zimhibikie
post Mar 25 2009, 05:09 PM

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If this so, why dun the govt impose a law forbidding the usage 'GOODS SOLD ARE NOT RETURNABLE OR REFUNDABLE'?
yuktsi14
post Mar 25 2009, 05:09 PM

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lazy to read
Forgotten06
post Mar 25 2009, 05:10 PM

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tl : dr
raydha
post Mar 25 2009, 05:13 PM

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wah...dunno this thing before..thumbs up to poster.
Randomization
post Mar 25 2009, 05:17 PM

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Unless it's a very expensive item, I can't think of any Mareshian that would go through all the hassles just to claim refund.

Anyway, it's a good piece of info.


felicious
post Mar 26 2009, 09:54 AM

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Thread moved from Kopitiam
spitfire111
post Mar 26 2009, 10:45 AM

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QUOTE(Randomization @ Mar 25 2009, 05:17 PM)
Unless it's a very expensive item, I can't think of any Mareshian that would go through all the hassles just to claim refund.

Anyway, it's a good piece of info.
*
Got that right but thanks for the info.. smile.gif
hiiragizawa
post Mar 26 2009, 10:50 AM

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brb, confirming this.
DeniseLau
post Mar 26 2009, 06:42 PM

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hey good find! saving this...
princess_autumn87
post Apr 10 2009, 03:23 PM

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this does imply in malaysia (Malaysia's law is based of British common law)!!!


QUOTE
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.


Under the statutes of Trade Practices Act (TPA), if the situation meets the following creteria and the term shall void.

Section 4B - The consumers

~ purchase goods & svcs below $40k and not meant for resale or manufacture
~ purchase goods & svcs above $40k and of a term ordinarily acquired for dosmetics used only.

This is a very common knowledge which every consumer should exercise their right rather than ignoring it!
kabal82
post Apr 10 2009, 08:50 PM

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First time heard this... good for us consumer... thumbup.gif
imiv
post Apr 13 2009, 09:04 PM

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about this Tribunal Consumer thing. yes it is true.
Consumer has the right to claim.

There are procedures to follow. It is explained in detail in http://ttpm.kpdnhep.gov.my

Procedures of filing is available in the website. can even download the forms and file online.
pay RM5 online if not mistaken.

i've personally done it.

even though all forms are available online. consumer still need attend the consumer court once for hearing.

pro - consumer has somewhere to turn to, to force the seller for refund. (MOst genuine company will response to you when receive this letter, asking to settle on yr own rather than attend the consumer court. some will even entertain u immediately once they hear that ur going to complaint to tribunal.)

cons - there are stubborn company that do not give a damn on these notices (they do not even want to receive yr registered mail. if their intention is to CON from the 1st day. if their company was closed or blacklisted, they will register company B with the same modus operandi and keep on con ppl.)

This tribunal court is function is to HEAR both party explanation and judge. it is not their responsibility to monitor whether the seller really refund or not. so if u met stuborn seller, then u hv to refer to next ministry to action again sweat.gif





 

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