Consignment Risk for Watch and Jewellery Dealers in Malaysia: Liability and Insurance Guide

A collector drops off their RM85,000 Audemars Piguet Royal Oak for you to sell on consignment. Two months later, your Bangsar showroom is broken into. The watch is stolen. Under Malaysia's Contracts Act 1950, you're the bailee — and that means specific statutory obligations. This guide explains how Malaysian law treats consignment liability and why standard insurance leaves you exposed.

Understanding Consignment Under Malaysian Law

Unlike many countries where bailment relies on common law precedent, Malaysia has a codified statutory framework — Part IX of the Contracts Act 1950 (Sections 101-134) specifically governs bailment relationships.

This matters because your liability as a consignee (bailee) isn't just based on general "reasonableness" — it's defined by specific statutory provisions.

Key Definitions (Section 101)

• Bailment: Delivery of goods by one person to another for some purpose
• Bailor: The person delivering the goods (the consignor/owner)
• Bailee: The person receiving the goods (you, the dealer)

When you accept a watch or jewellery piece on consignment, you become a bailee with statutory duties.

Your Statutory Duties Under the Contracts Act 1950

Section 104: Duty of Care

The bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would take of his own goods of the same bulk, quality, and value.

What this means: You must treat consigned goods with the same care you'd give your own RM100,000 inventory. Leaving a consigned Patek Philippe on an unsecured counter doesn't meet this standard.

Section 105: When You're NOT Liable

The bailee is not responsible for loss, destruction, or deterioration of the goods if he has taken the required care AND the loss occurs without any negligence or default on his part.

The burden: You must prove both (1) you took proper care AND (2) the loss wasn't due to your negligence. If you can't prove both, you're liable.

Section 106: Termination for Inconsistent Acts

A contract of bailment is voidable at the option of the bailor if the bailee does any act with regard to the goods bailed inconsistent with the conditions of the bailment.

What this means: If you sell a consigned piece below the agreed minimum price without permission, or use it as collateral, the bailor can treat the arrangement as terminated and demand immediate compensation.

Section 107: Liability for Unauthorised Use

If the bailee makes any use of the goods bailed which is not according to the conditions of the bailment, he is liable to make compensation to the bailor for any damage arising from such use.

Section 114: Liability When Goods Not Returned

If the bailee does not return, or deliver according to the bailor's directions, the goods bailed at the proper time, he is responsible to the bailor for any loss, destruction, or deterioration of the goods from that time.

Critical point: If a consignor demands their watch back and you delay, any loss that occurs during the delay period is automatically your liability — even if otherwise unavoidable.

Real Scenarios: Malaysian Context

Scenario 1: The Petaling Street Break-In

Situation: Your gold and watch shop in Petaling Street is burgled overnight. Among the losses are 5 consigned pieces worth RM320,000 total.

The question: Did you exercise Section 104 care? Was the safe adequate? Was the alarm functioning?

Your burden: Under Section 105, you must prove you took proper care AND weren't negligent. The consignors don't have to prove you were negligent — you have to prove you weren't.

If you can't prove it: RM320,000 liability, from your own pocket.

Scenario 2: The Unauthorised Price Cut

Situation: A consignor leaves their Omega Speedmaster with agreed minimum price of RM22,000. After 3 months with no sale, you drop the price to RM18,000 without consultation and sell it.

Under Section 107: You made unauthorised use of the goods (sold below agreed terms). You're liable for the RM4,000 difference — potentially more if the consignor claims the watch was worth more.

Under Section 106: The consignor could argue the entire bailment was voided by your inconsistent act.

Scenario 3: The Employee Theft

Situation: Your trusted sales assistant has been swapping consigned pieces for replicas over 18 months. Total exposure: RM450,000.

Your liability: Section 104 duty of care extends to supervision. Employee theft doesn't absolve you — the consignors trusted your business, not your employee personally.

Scenario 4: The Delayed Return

Situation: A consignor requests their Cartier Tank back on Monday. You say "come Thursday." On Wednesday night, a fire damages inventory including their watch.

Under Section 114: Because you didn't return the goods when properly requested, you're liable for the fire damage — even though it was accidental. The delay converted you from protected bailee to absolute insurer of the goods.

The Insurance Gap for Malaysian Dealers

What Standard Fire/Theft Insurance Covers

• Your owned stock
• Your fixtures and equipment
• Your premises

What It Does NOT Cover

• Barang amanah (goods held in trust/consignment)
• Customer property for repair
• Memo goods from suppliers
• Items on approval to customers

This gap is why jewellers block insurance exists — and why it's essential for any Malaysian dealer taking consignment.

Jewellers Block: Consignment Protection

A proper JB policy includes coverage for "barang amanah" or "goods held in trust."

What JB Consignment Coverage Includes

• Consigned goods on your premises
• Consigned goods in your safe/vault
• Consigned goods in transit (with limitations)
• Customer goods for repair
• Memo goods from suppliers

Coverage Limits to Verify

• Overall goods-held-in-trust limit
• Per-item maximum (e.g., RM100,000 per piece)
• Transit sub-limits
• Display vs. safe requirements

Perjanjian Konsainan: Essential Agreement Terms

A written consignment agreement (perjanjian konsainan) protects both parties and satisfies your documentation obligations.

Essential Clauses for Malaysian Dealers

1. Perihal dan Nilai Barangan (Item Description and Value)

• Full description: brand, model, serial number, condition
• Nilai dipersetujui (agreed value) for liability purposes
• Photographs documenting condition at intake

2. Harga Jualan Minimum (Minimum Sale Price)

• Lowest acceptable price in Ringgit
• Process for seeking approval to reduce
• Who has final authority on pricing

3. Struktur Komisen (Commission Structure)

• Your percentage (typically 10-20% for watches)
• When commission is earned
• What expenses can be deducted

4. Tempoh Konsainan (Duration)

• Initial consignment period (e.g., 90 days)
• Renewal terms
• Notice period for termination

5. Tanggungjawab Insurans (Insurance Responsibility)

• Confirmation that dealer carries JB insurance
• Coverage limits
• What happens if loss exceeds coverage

6. Pengagihan Liabiliti (Liability Allocation)

• Reference to Contracts Act 1950, Part IX obligations
• Any agreed modifications to statutory duties
• Indemnification provisions

7. Syarat Pemulangan (Return Conditions)

• Notice period required
• Collection procedures
• Condition requirements for return

Sample Liability Clause (Bilingual)

Valuation Disputes: A Common Problem

Malaysian consignors often have inflated expectations about their watch's value — especially for pieces with sentimental significance.

The Scenario

A consignor insists their late father's Rolex Datejust is worth RM45,000. Your assessment: RM32,000 based on condition and market. If it's stolen, what do you owe?

The Solution: Nilai Dipersetujui (Agreed Value)

Document the agreed value at intake, signed by both parties. This figure becomes:

• The basis for your liability if loss occurs
• The amount you declare to your insurer
• The number that ends arguments later

For High-Value Pieces

Consider independent valuation for items above RM50,000. The cost (typically RM200-500) is insignificant compared to a disputed RM200,000 claim.

Security Requirements

Your insurance policy security requirements apply equally to consigned goods.

Safe Storage

• Consigned items must be stored in compliant safe overnight
• Separate inventory tracking recommended (though not always required)
• Regular reconciliation with consignment records

Documentation Standard

• Intake photographs of every consigned piece
• Written condition reports
• Signed acknowledgment of receipt

Regulatory Compliance

AML/CFT Obligations

Your Bank Negara AML/CFT obligations apply to consignment transactions. You must:

• Conduct CDD on consignors (verify identity)
• Maintain records of consignment arrangements
• Report suspicious circumstances (e.g., consignor unable to explain watch origin)

Second-Hand Dealers Act

If you're operating under the Second-Hand Dealers Act 1946, your record-keeping obligations extend to consigned goods.

Pawnbroker Considerations

If you're also a licensed pawnbroker, be careful not to blur the line between consignment (you sell for them) and pawning (you lend against their goods). The legal frameworks are different.

Claiming on Consignment Losses

Immediate Steps

1. Secure the scene — preserve evidence
2. Lodge police report — this is mandatory for insurance claims
3. Notify insurer — within 24-48 hours per policy terms
4. Contact consignor — difficult but necessary conversation
5. Gather documentation — agreement, photos, valuation records

Documentation Checklist

• Original signed consignment agreement
• Agreed value documentation
• Intake photographs and condition report
• Police report (laporan polis)
• CCTV footage (if available)
• Inventory records showing item was in stock

Claim Settlement

Your insurer pays you (minus deductible). You then compensate the consignor according to your agreement. The consignor is not a party to your insurance contract.

Red Flags: Suspicious Consignors

Warning Signs

• Reluctant to provide MyKad details
• Cannot explain how they acquired the watch
• Pushing for immediate cash advance against consignment
• Multiple high-value pieces with vague ownership history
• Pressure to skip documentation

Protect Yourself

• Full identity verification for every consignor
• Ask for proof of purchase where available
• Check serial numbers against known stolen databases
• Trust your instincts — if it feels wrong, decline

Perbezaan Utama: Konsainan vs Pajakan

Don't confuse consignment with pawn transactions:

Aspect	Konsainan (Consignment)	Pajakan (Pawn)
Purpose	You sell for owner	You lend against item
Ownership	Remains with consignor	Remains with pawner
Your role	Sales agent	Secured lender
Governing law	Contracts Act 1950 (bailment)	Pawnbrokers Act 1972
Interest	None (commission only)	Max 2% per month
Licence	May need Second-Hand Dealer	KPKT pawnbroker licence

Key Takeaways for Malaysian Dealers

• Contracts Act 1950, Part IX governs your bailment obligations — it's statutory law, not just common law
• Section 104 duty of care — treat consigned goods as you would your own valuable inventory
• Section 105 burden of proof — you must prove non-negligence if goods are lost
• Section 114 delay risk — don't delay returns, or you become absolute insurer
• Standard insurance doesn't cover consignment — you need JB "barang amanah" coverage
• Written agreements essential — especially nilai dipersetujui (agreed value)
• AML/CFT obligations apply — conduct CDD on all consignors
• Document everything — photos, condition reports, signed acknowledgments

Consignment expands your inventory and market reach without capital outlay — a valuable model for Malaysian dealers. But the statutory liability is real. Understand your Contracts Act obligations, secure proper insurance coverage, and document every transaction. The paperwork you do today protects you when things go wrong tomorrow.

For the Singapore perspective on consignment liability, see our Singapore consignment risk guide.