PART 3
CANCELLATION OF CONTRACTS UNDER
SECTION 9(12) OF ACT
[S 625/2016 wef 09/12/2016]
Manner and effect of cancelling contract under section 9(12) of Act
4A.—(1)  If a supplier enters into a contract with a consumer in breach of an order mentioned in section 9(4)(b) of the Act, the consumer may cancel the contract under section 9(12) of the Act by giving notice of cancellation of the contract at any time within 6 months after the date on which the contract was entered into.
(2)  A notice of cancellation under this regulation may be in the form set out in the Second Schedule or in any other written form so long as it is clear from the form that the consumer intends to cancel the contract under section 9(12) of the Act.
(3)  A notice of cancellation under this regulation may be given by leaving it at or by sending it by prepaid post to —
(a)the usual or last known address of the place of business of the supplier; or
(b)where the supplier is a body corporate, the registered office or principal office of the supplier.
(4)  A notice of cancellation sent by a consumer by prepaid post is treated as having been given at the time of posting, whether or not it is actually received.
(5)  If the consumer, having given notice of cancellation of a contract in accordance with this regulation, subsequently enters into a contract (called in this regulation the subsequent contract) with the supplier on substantially the same terms as the cancelled contract at any time before the expiry of the cancellation period of the cancelled contract —
(a)the subsequent contract must not be enforced against the consumer at any time within the cancellation period of the cancelled contract; and
(b)the consumer may give notice of cancellation of the subsequent contract at any time within the cancellation period of the cancelled contract.
(6)  Despite paragraphs (3) and (4), if the supplier agrees to accept notice of cancellation by any additional means, including electronic means, the notice may be given by the means so agreed.
[S 625/2016 wef 09/12/2016]