eBay members who offer items on eBay and who offer either a written warranty or service contract with the items must, in their item descriptions, provide one of the following:
- The full text of the written warranty
- A statement explaining how a free copy of the written warranty can be obtained upon written request
- A link within the listing that takes members to the warranty details
Additional Information
Implied Warranties: eBay users in Malaysia should familiarise themselves with the provisions on implied warranties in the Sale of Goods Act 1957 (“SOGA”). As per the SOGA:
(a) There is an implied warranty from the seller as to the title of the goods, i.e., the seller has the right to sell the goods, the goods are free from any encumbrance (unless disclosed or known to the buyer before the contract is made) and that the buyer will enjoy quiet possession of the goods;
(b) There is an implied condition that the goods supplied under the contract are of satisfactory quality, taking into account the description of goods, price and other relevant factors;
(c) Where the seller makes known the purpose for which the goods are being purchased, there is an implied condition that the goods supplied under the contract are reasonably fit for such purpose, unless the buyer does not rely on judgment or skill of the seller; and
(d) In the case of a contract for sale by sample, there is an implied condition that that the goods will correspond with the sample in quality and the goods will be free from any defects.
A seller may be able to negative or vary by express agreement, any implied right, duty or liability arising under a contract of sale of goods.
Activity on eBay is required to follow this policy, the eBay User Agreement and all applicable laws, as well as respect the rights of third parties. If it doesn’t, eBay may take action consistent with applicable laws and the eBay User Agreement, and may even be legally required to do so. Such actions may include, as an example only: Removing the listing or other content, issuing a warning, restricting activity or account suspension.
Why does eBay have this policy?
eBay urges its sellers and buyers to comply with all governmental laws and regulations. Since the sale of warranties is highly regulated, or may cause harm to eBay or its members, sellers are restricted in their listing of them on eBay.