Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
No contracting out
35.—(1) The provisions of this Act prevail despite any agreement to the contrary and any term contained in a contract is void, if and to the extent that it is inconsistent with the provisions of this Act. (2) Any waiver or release given of any right, benefit or protection conferred under this Act is void. (3) Subsections (1) and (2) do not apply to any release made by a person in settlement of a dispute.[13
Rights transferred
36. Where, other than in the course of business, an individual, as heir or assignee of a consumer, receives goods or services, that individual has the same rights as the consumer to seek and obtain redress from the supplier under this Act.[14
Preservation of other rights or remedies
37.—(1) Subject to subsection (2), nothing in this Act restricts, limits or derogates from any right or remedy that a consumer may have apart from this Act. (2) Subsection (1) has effect subject to any provision to the contrary in any regulations made under section 11 or 43.[15
Exemption from liability for publishers
38. A person who, on behalf of a supplier, prints, publishes, distributes, broadcasts or telecasts an advertisement in good faith and in the ordinary course of the person’s business shall not be liable under this Act in respect of any statement, representation or omission in that advertisement.[16
Parol evidence rule abolished
39.—(1) Despite sections 93 and 94 of the Evidence Act 1893, parol or extrinsic evidence establishing the existence of an express warranty is admissible in any action relating to a consumer transaction between a consumer and a supplier even though it adds to, varies or contradicts a written contract. (2) Subsection (1) is not applicable to establish the existence of any express warranty in respect of goods or services intended for business use.[17
Interpretation of documents
40. If a consumer and a supplier enter into a consumer transaction and —(a) all or any part of the transaction or contract is evidenced by a document provided by the supplier; and (b) a provision of the document is ambiguous, the provision must be interpreted against the supplier. [18
Burden of proof
41.—(1) If, in any proceedings taken in any court between a consumer and a supplier in relation to a consumer transaction, any dispute arises as to whether the supplier has complied with any specified requirement of this Act or the regulations made under this Act, the burden of proving that the supplier has so complied is on the supplier. (2) The Minister may, by regulations, specify the requirements of this Act or the regulations made under this Act to which subsection (1) applies. (3) This section does not affect any other rule of law that places a burden of proof on the supplier.[18A
Amendment of Schedules
42. The Minister may, by order in the Gazette, amend the Schedules.[19
Regulations
43.—(1) The Minister may make such regulations as may be necessary or expedient for the purposes of this Act. (2) Without limiting subsection (1), the Minister may make regulations —(a) exempting any class of supplier or any class of goods or services or transactions from the application of this Act or any provision of this Act, and imposing conditions for that exemption; (b) modifying the application of any provision of this Act to any class of supplier or any class of goods or services or transactions; (c) controlling or prohibiting any practice in relation to any consumer transaction; (d) prescribing information or notices that must be provided to consumers by suppliers with respect to any consumer transaction; (e) prescribing the form or terms of contracts to be used in any consumer transaction and any information to be contained therein; (f) requiring suppliers to maintain books, accounts (including trust accounts) or records in relation to any consumer transaction, and prescribing the form and mode of keeping such books, accounts and records; (g) prescribing or adopting, with or without modification, codes, standards or rules governing the conduct of suppliers engaged in any consumer transaction; (h) prescribing the rights and obligations of parties in relation to a consumer transaction involving any practice regulated under this Act or any regulations made under this Act, including the right to sue for the purpose of enforcing such rights or obligations in circumstances specified therein; (i) specifying limitation periods for any action under this Act or any regulations made under this Act; (j) specifying, for the purposes of section 7(1)(d), actions under provisions in any regulations made under this section; (k) specifying dispute resolution schemes for the purposes of section 7(11); (l) modifying the application of section 6(2), in relation to any class of supplier or any class of goods or services or transactions, where multiple actions involving the same unfair practice are commenced under section 6(1) by the same consumer; (m) prescribing —(i) the manner in which notices of cancellation may be properly given under section 9(12); (ii) the rights and obligations of parties to a contract cancelled under section 9(12), or any other contract entered into for the purposes of the cancelled contract, including the amount or value of any deposit, security, goods or compensation recoverable in an action arising from the cancellation; and (iii) the effect of cancellation under section 9(12) on any rights the parties to the contract may otherwise have; and (n) prescribing the offences that may be compounded under section 34.[20 [25/2016]
Saving and transitional provisions
44.—(1) Any proceedings for a declaration or an injunction commenced by the Board under section 9 or 10 before 2 April 2018 and pending on that date may be continued by the Commission as if the proceedings had been commenced by the Commission.[10/2018] (2) Any order made by the District Court or High Court under section 9 or 10 before 2 April 2018 requiring any person to notify, inform, reimburse or do anything in relation to, the Board, which remains unsatisfied on that date, is satisfied if the person notifies, informs, reimburses or does that thing in relation to, the Commission.[10/2018] (3) Any investigation commenced by the Board under Part 3A before 2 April 2018 and pending on that date may be continued by the Commission as if it had been commenced by the Commission.[10/2018] (4) In this section, “Board” means the Standards, Productivity and Innovation Board established by section 3 of the Standards, Productivity and Innovation Board Act (Cap. 303A, 2002 Revised Edition) as in force immediately before 2 April 2018.[21 [10/2018]
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
The Singapore legislation on this platform is subject to copyright of the Singapore Government and is used/reproduced for the purposes of this platform with the permission of the Attorney-General's Chambers. Users of this platform may check Singapore Statutes Online for the latest version of the Singapore legislation.