Counter Offer Letter for Malaysia

Counter Offer Letter Template for Malaysia

A Counter Offer Letter under Malaysian law is a formal written response to an initial offer that proposes modified terms or conditions while maintaining the core intention to enter into a business relationship. The document must comply with the Malaysian Contracts Act 1950 and related legislation, ensuring all modified terms are clearly stated and legally enforceable. It serves as a crucial negotiation tool that effectively terminates the original offer and presents new terms for consideration, requiring careful drafting to maintain professional relationships while protecting business interests.

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What is a Counter Offer Letter?

The Counter Offer Letter is a critical business document used in Malaysian commercial transactions when the recipient of an initial offer wishes to propose alternative terms while maintaining interest in the business relationship. This document, governed by Malaysian contract law, particularly the Contracts Act 1950, effectively terminates the original offer and creates a new proposal. It is commonly used in various scenarios including procurement negotiations, service agreements, property transactions, and business partnerships. The Counter Offer Letter should clearly reference the original offer, specify all modified terms, provide justification for changes, and include a validity period. It must be carefully drafted to ensure compliance with Malaysian legal requirements while maintaining professional relationships and protecting the interests of all parties involved.

What sections should be included in a Counter Offer Letter?

1. Letter Reference Details: Date, recipient's name and address, reference numbers, and subject line

2. Original Offer Reference: Clear reference to the original offer including its date and key details

3. Acknowledgment: Formal acknowledgment of receiving the original offer and appreciation

4. Counter Offer Statement: Clear statement that this is a counter-offer with modified terms

5. Modified Terms: Detailed explanation of the new or modified terms being proposed

6. Reasoning: Brief explanation of why the modifications are being proposed

7. Validity Period: Timeframe for which this counter-offer remains valid

8. Closing Statement: Professional closing with clear next steps

9. Signature Block: Formal signature section with name, title, and contact information

What sections are optional to include in a Counter Offer Letter?

1. Executive Summary: Brief overview of key changes when the modifications are numerous or complex

2. Comparison Table: Side-by-side comparison of original terms and counter-offered terms for clarity

3. Conditional Statements: Any conditions that must be met for the counter-offer to be valid

4. Legal Disclaimers: Additional legal notices or disclaimers if required by industry or transaction type

5. Alternative Options: Presentation of multiple counter-offer options if applicable

What schedules should be included in a Counter Offer Letter?

1. Price Schedule: Detailed breakdown of modified pricing structure if applicable

2. Technical Specifications: Updated technical details or specifications if changes are technical in nature

3. Terms Comparison: Comprehensive comparison document showing all changes between original offer and counter-offer

4. Supporting Documentation: Any relevant certificates, permits, or other documents supporting the modified terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Offer Letter

Cost

Free to use
Relevant Industries

Manufacturing

Real Estate

Construction

Technology

Retail

Professional Services

Financial Services

Telecommunications

Energy

Healthcare

Education

Logistics

Agriculture

Relevant Teams

Legal

Procurement

Commercial

Finance

Operations

Business Development

Sales

Supply Chain

Contract Administration

Executive Management

Relevant Roles

Procurement Manager

Commercial Director

Business Development Manager

Contract Administrator

Legal Counsel

Chief Financial Officer

Operations Manager

Project Manager

Sales Director

Supply Chain Manager

Purchasing Officer

General Manager

Managing Director

Chief Executive Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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