Contract Law In MALAYSIA
Legal Issue on Contract Law inMalaysia
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 ofPutra Place
opposite Putra World Trade Centre) . The form cost RM5.00. The Tribunal
will settle within 2 months period.
Tribunal Tuntutan PenggunaMalaysia
Tingkat 16,Putra Place
100, Jalan Putra ,
50622KUALA LUMPUR
Tel: 03 - 40492300 / 40424181 Fax: 03 - 40424259
Legal Issue on Contract Law in
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
opposite Putra World Trade Centre) . The form cost RM5.00. The Tribunal
will settle within 2 months period.
Tribunal Tuntutan Pengguna
Tingkat 16,
100, Jalan Putra ,
50622
Tel: 03 - 40492300 / 40424181 Fax: 03 - 40424259
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Valuable info..
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