Investor Presentaiton
No. 46 of 2012
[Rev. 2016]
(f)
Consumer Protection
promoting consumer confidence, empowerment and the development
of a culture of consumer responsibility, through individual and group
education, vigilance, advocacy and activism;
(g) providing a consistent, accessible and efficient system of consensual
resolution of disputes arising from consumer transactions; and
(h) providing for an accessible, consistent, harmonized, effective and
efficient system of redress for consumers.
(5) To better ensure the realization of the purposes of this Act, and the
enjoyment of the consumer rights recognized or conferred by this Act, the Advisory
Committee, in addition to its responsibilities set out in this Act, is responsible for―
(a) taking reasonable and practical measures to promote the purposes
of this Act and to protect and advance the interests of all consumers
across all sectors of the economy, whether of a private or public
nature;
(b) monitoring and reporting each year to the Cabinet Secretary on
the availability of goods and services including price and market
conditions, annual state of consumer protection report, conduct and
trends affecting consumer rights and any other matter relating to the
supply of goods and services.
4. Class proceedings
PART II - CONSUMER RIGHTS
persons
(1) A consumer may commence a proceeding on behalf of a class of
or may become a member of such class of persons in a proceeding in respect of a
dispute arising out of a consumer agreement despite any term or acknowledgment
in the consumer agreement or other agreement that purports to prevent or has the
effect of preventing the consumer from commencing or becoming a member of a
class proceeding.
(2) When a dispute that may result in a class proceeding arises, the consumer,
the supplier and any other person involved in it may agree to resolve the dispute
using any procedure that is available in law.
(3) A settlement or decision that results from the procedure agreed to under
subsection (2) shall be binding on the parties.
5. Quality of goods and services
(1) The supplier is deemed to warrant that the goods or services supplied under
a consumer agreement are of a reasonably merchantable quality.
(2) The implied conditions and warranties applying to the sale of goods under
the Sale of Goods Act shall apply with necessary modifications to goods that are
leased, traded or otherwise supplied under a consumer agreement.
(3) Any provision, whether part of the consumer agreement or not, that purports
to negate or vary any implied condition or warranty under the Sale of Goods Act
(Cap. 31) or any condition or warranty under this Act is void.
(4) If a term or acknowledgement referenced in subsection (3) is a term of
the agreement, it is severable from the agreement and shall not be evidence of
circumstances showing intent that the deemed or implied warranty or condition
does not apply.
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