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Zahir entered into 2 hire - purchase agreements with Syarikat Oked Sdn Bhd for the hire purchase of one of unit refrigerator and a washing
Zahir entered into hirepurchase agreements with Syarikat Oked Sdn Bhd for the hire purchase of one of unit refrigerator and a washing machine. Shah, the owner of Syarikat Oked Sdn Bhd inform Zahir that both the items were imported from Korea, and both were brand new items.
The hirepurchase agreement for both items contained, inter alia, the following clauses:
i The owner is exempted from any liabilities regarding any defects in the goods
ii The owner is not responsible for any misrepresentation made by the agent
After using the items for three weeks, Zahir discovered that the washing machine and the refrigerator was not imported from Korea but was locally made. Nana, Zahir wifes discovered that the refrigerator was defective in that it leaked all the time, and the freezer compartment cannot be used at all. Zahir complained to Syarikat Oked Bhd about the defects found in the refrigerator, but Syarikat Oked Sdn Bhd disclaimed all liabilities.
Zahir is now upset and feels that he has been cheated. He seeks your advice as to his rights against Syarikat Oked Sdn Bhd
Advise Zahir.
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