What is a warranty?
Actually, a warranty is a guarantee provided by the supplier or manufacturer to the buyer. This guarantee ensures that the defective product will be repaired or replaced within a specified period without any additional charges imposed on the buyer.
To put it simply, during the warranty period, if any damage occurs, the seller or the company that issued the product is obligated to replace or repair it free of charge!
According to Malaysian law, all consumer products automatically come with an implied warranty, also known as an implied guarantee. This means that there is a warranty or assurance that is not explicitly stated but understood or implied from the situation or certain actions.
For example, if we buy a product from a well-known brand, we can assume there is an implied guarantee that the product is of good quality because of the brand's reputation. So, it's like an unofficial promise but it has become an assumption or expectation that we have.
What rights do you have as a consumer?
In this process, there is one right that covers you as a consumer. This right is called the right to compensation.
Under the right to compensation, as a consumer, you are entitled to receive compensation or reimbursement if the goods or services you receive do not function as they should.
So, which act actually covers you regarding warranties?
The Consumer Protection Act 1999 is the act that covers you as a consumer in relation to warranties or implied guarantees.
In this act, there are several sections that explain this matter:
Section 32 of the Consumer Protection Act 1999:
The goods supplied to consumers have an implied guarantee, meaning that the goods are of acceptable quality and safe for use.
Sections 41(1)(a) and 46 state:
For goods that fail to comply with the guarantee, the supplier can:
a) Repair the goods if the failure is not related to ownership rights.
b) Rectify any defects in ownership rights if the failure is related to ownership rights.
c) Replace the goods with goods of a similar type.
d) Provide a refund of any money paid or any other compensation given.
Under the same act, it's not just goods that have warranties, but services as well!
What are your options for claiming warranty?
Typically, there are two situations that may arise:
Situation 1: The damage can be repaired.
In this situation, if the damage can still be repaired, there are two types of resolutions:
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The seller will repair the damage free of charge.
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Replace the item with the same type.
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Receive a refund for the item's price.
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If you have incurred expenses to repair the item yourself, as a consumer, you can claim reimbursement from the seller.
Situation 2: The damage cannot be repaired.
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You can seek compensation from the seller.
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Receive a refund for the amount already paid.
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Replace the item with the same type.
How to claim warranty?
- Every time you make a purchase, keep the receipt or proof of purchase. If you're worried about the ink fading, you can scan the receipt.
- Take pictures or videos of the damaged item.
- Refer to the warranty policy of the item you purchased. Make sure to check if the item is still within the warranty period.
- With all the evidence, including the receipt and photos or videos of the damage, report the issue to the seller for their action.
What are your responsibilities as a buyer to ensure you can claim warranty?
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Do not continue using the damaged item. Don't assume that it can still be used for a little longer and keep using it.
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Don't delay reporting the issue to the seller. The longer you wait, the more complications may arise, making the warranty claim process more difficult. You need to report the damage within a reasonable period.
- Keep the receipt and warranty. This is crucial. Some companies now offer online warranties. Once you register online, it will be easier to check the warranty status later on.
However, remember that your warranty claim can be rejected if:
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You don't have any proof of purchase.
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You were aware of the item's damage before making the purchase.
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The damage was caused by your own negligence.
So, make sure you meet the requirements and familiarize yourself with these conditions.
What should you do if the seller wants to charge you, even though the item is still under warranty?
In such a situation, you can file a complaint with the National Consumer Complaints Centre (NCCC) or lodge a case with Tribunal Tuntutan Pengguna Malaysia (TTPM) to make a claim.
If your complaint is complete and supported by sufficient evidence, many consumer cases have been successful in these claims.
The key is to provide proof of purchase, such as receipts or warranty cards, when making such claims.
In short, there are two easy ways to file a claim with the Malaysia Consumer Claims Tribunal:
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Visit the TTPM counter located throughout the country.
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File a complaint online through the e-Tribunal website.
For this process, you will need to pay a filing fee of RM5.00.
It's important to note that you can also file a complaint using the same methods if you receive damaged goods from online purchases.
If you want to obtain more detailed information about your rights to claim compensation, you can contact the relevant authorities:
- Ministry of Domestic Trade and Consumer Affairs
- Website: www.kpdnkk.gov.my
- Consumer Complaints Management Center
- Email: e-aduan@kpdnkk.gov.my
- e-Complaint System: http://e-aduan.kpdnkk.gov.my
It's a loss if you're unaware of your responsibilities as a consumer. It's not just about wasting money; unusable damaged goods are also a concern.
