The Contract Agreement Between Supplier And Purchaser serves as a fundamental legal instrument in Malaysian commercial transactions, essential for businesses engaged in the supply of goods or services. This document is particularly relevant when establishing ongoing supply relationships or significant one-time transactions that require detailed terms and conditions. It incorporates provisions compliant with Malaysian legislation, including the Contracts Act 1950, Sale of Goods Act 1957, and Consumer Protection Act 1999. The agreement is designed to protect both parties' interests by clearly defining obligations, quality standards, delivery requirements, payment terms, and dispute resolution mechanisms. It's commonly used across various industries and can be customized to accommodate specific business needs while maintaining legal compliance with Malaysian commercial law.
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1. Parties: Identifies and provides full details of the supplier and purchaser, including registration numbers and registered addresses
2. Background: Explains the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Supply: Details the goods/services to be supplied under the agreement
5. Price and Payment Terms: Specifies pricing, payment schedule, and payment methods
6. Delivery Terms: Outlines delivery timeframes, locations, and conditions
7. Quality Standards: Specifies required quality standards and inspection procedures
8. Warranties and Representations: Details warranties provided by the supplier regarding goods/services
9. Term and Termination: Specifies contract duration and termination conditions
10. Confidentiality: Covers protection of confidential information
11. Liability and Indemnification: Addresses liability limitations and indemnification obligations
12. Force Majeure: Covers circumstances beyond parties' control affecting performance
13. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and jurisdiction
14. General Provisions: Includes standard boilerplate clauses like notices and amendments
1. Intellectual Property Rights: Required when supply involves software, designs, or proprietary technology
2. Insurance: Important when supply involves high-value goods or on-site services
3. Performance Bond: Used for high-value contracts requiring additional security
4. Compliance with Laws: Detailed section needed when industry-specific regulations apply
5. Environmental Requirements: Important for supplies involving environmental considerations
6. Training and Support: Required when supply includes technical equipment or systems
7. Data Protection: Necessary when personal data processing is involved
8. Export Control: Required for international supply arrangements
1. Schedule 1 - Product Specifications: Detailed technical specifications of goods/services
2. Schedule 2 - Pricing Schedule: Detailed breakdown of prices, including any volume discounts
3. Schedule 3 - Delivery Schedule: Specific delivery timelines and locations
4. Schedule 4 - Service Level Agreement: Performance metrics and service standards
5. Schedule 5 - Quality Requirements: Detailed quality standards and testing procedures
6. Appendix A - Form of Purchase Order: Standard format for purchase orders under the agreement
7. Appendix B - Technical Documentation: Required technical documents and certifications
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