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NST Online » Local News
2009/02/14
Don't be fooled by disclaimers
By Lydia Gomezlegomez@nst.com.my

PETALING JAYA: Who says that "goods sold are not returnable", "deposits are non-refundable", or "once broken considered sold"?
According to the National Consumer Complaints Centre, the public should not be fooled by these disclaimers which are not based on the law.

Its chief executive, Muhammad Shaani Abdullah, said they were unlawful and should not be displayed on receipts or within shops.

The centre received 1,500 complaints last year on warranty and guarantee issues.

"The consumer has several laws to protect him from traders and retailers who do not take responsibility for their products.
"It is wrong to exclude warranties and guarantees for goods and services rendered."

He said the culture of placing such disclaimers was more of a case of "follow the leader".

"Traders just follow this practice without knowing that there are laws against it.

"It creates an impression that they can deny buyers the right to have their money back or items replaced."

Shaani said it was only when the law was pointed out to them did they realise that it was unlawful to have disclaimers in their shops and on receipts.

"When consumers read notices like this, they just follow them.

"In actual fact, when they adhere to it, they are losing out on their right to not buy sub-standard products, especially in cases of automobiles, hand phones and electrical goods."

The problem also extended to misleading advertisements, delays in warranty services, unavailable spare parts and parking lots.

"Parking lot operators are offering a service and the consumer is paying for it.

"They cannot make claims like 'park at your own risk'. If there is theft or a break in, they should be responsible."

He traced the problem back to the lack of awareness and enforcement by authorities.

Muhammad said there were ethical guidelines for traders which have not been promoted.

"Nobody has the right to hold deposits paid.

"Consumers should ask the service provider to justify why money has been forfeited.

"It is not easy for the authorities to track down all these traders, but they can send them circulars."

NCCC complaints manager Yesotha Balakrishnan said in many cases, the fault was not solely with traders, but with manufacturers as well.

Many retailers, when approached by officers from NCCC, claimed that they were not given warranties by manufacturers which made it "acceptable" not to provide customers the same protection.

"They have not even heard of it. In the present economic crisis, people are looking for cheaper goods and these traders should stick to quality standards.

"We have had cases where engines of brand new cars fall off, electrical items exploding and hand phones not returned after being sent for repair."

She said electrical goods had to be certified by Sirim.

"But if you buy a kettle and it bursts the first time you use it, do you just go back and ask for a replacement?

"If these standards are taken seriously, the whole batch should be recalled."

NCCC manager Shashi Kumar Nagesvaran said it was unlawful for retailers not to take responsibility for defects and malfunctioning goods as they were also responsible for the buyer's safety.

But what happens if the disclaimer notice has been signed by the consumer?

"They can still demand a warranty or guarantee because that notice is not valid by law.

"The consumer can take the manufacturer to the Consumer Claims Tribunal and the responsible party can be fined."