Dear All,
Read comments. Beware. Share.
Be safe, not sorry!
A friend just fell victim too.
Same modus operandi, same dirty tricks
Salesman : Kidd, Hougang Mall
Outlet Manager : Cruise Tan
Company in charge : Darren Koh
Would you buy and pay for a bed in end June 2016, only to have restless nights till today, 14/8/16, as the bed and mattress delivered were , and still are, different ones from what you have ordered and paid for? Can you sleep with peace of mind, having to take care not to dirty or soil the mattress(cheaper) which would then becomes yours as it is only "ON LOAN" (Without you being a willing party to such arrangement, nor you having any prior knowledge of it) ?
Does the Lemon Law apply and would it be able to really protect consumers?
Does this not contraveme the Sale of Goods Act that the buyer is entitled to quiet possession of goods contracted?
Would you still have any faith, trust and confidence in such unethical crooks who stall for time and repeatedly fail to deliver their part of the deal as promised?
Until the relevant authorities are able to put a firm foot down on such errant businesses and take them to task, they would probably be viewed as all bark and no bite.
Note: Buyer has zero equitable solution/redress of consumer rights and protection as of today despite the relevant authority having stepped in. Almost 2 months elapsed since first payment made, repeated unfulfilled delivery, and finally an assurance by the outlet manager that a cancellation of order and refund of monies paid would be processed which, of course, never materialised. The rogue merchant now says that goods are ready and wants buyer's acceptance. **
Would you be repeatedly patronised like this or would you want a refund, end the exasperation, have a good closure, and move on?
Be safe, not another statistic!
Sale of Goods Act
SECTION 3 TERMS OF THE CONTRACT
B. Stipulations as to time of payment not of essence
9.3.2 Section 10(1) specifically provides that stipulations as to time of payment are not of the essence of the contract unless a different intention appears from the contract. That something is of the essence of the contract is another way of saying that it is a condition of the contract. Under section 10(2), whether other time stipulations are of the essence of the contract depends on the terms of the contract. **Case law has established that clauses regarding the time of delivery in ordinary commercial contracts of sale of goods are usually of the essence (Himatsing & Co v P R Joitaram [1970] 2 MLJ 246)
