A Letter of Intent for Fuel Purchase is commonly used in the Malaysian market as a preliminary step before entering into a definitive fuel purchase agreement. It is typically employed when parties have reached an initial understanding on key commercial terms but need to formalize their intentions while conducting due diligence and negotiating detailed terms. The document addresses essential elements such as product specifications, quantity commitments, pricing mechanisms, and delivery terms, while considering Malaysian regulatory requirements, including compliance with PETRONAS guidelines and relevant energy sector regulations. This type of document is particularly important in the Malaysian context where fuel trading is heavily regulated and often requires various governmental approvals.
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1. Date and Parties: Identification of the parties entering into the LOI, including full legal names, registration numbers, and addresses
2. Background/Introduction: Brief context of the proposed transaction and relationship between the parties
3. Definitions: Key terms used throughout the document
4. Purpose: Clear statement of intent to enter into a fuel purchase agreement
5. Product Specifications: Description of the fuel type, grade, and quality specifications
6. Proposed Commercial Terms: Overview of key commercial terms including quantity, pricing mechanism, and delivery terms
7. Duration: Proposed term of the future definitive agreement
8. Due Diligence: Process and timeline for conducting due diligence
9. Exclusivity: Terms of exclusive negotiation period, if applicable
10. Confidentiality: Binding provisions regarding confidential information
11. Non-Binding Nature: Clear statement that the LOI is non-binding except for specified provisions
12. Governing Law: Specification of Malaysian law as governing law
13. Signatures: Execution block for authorized representatives
1. Conditions Precedent: Specific conditions that must be met before proceeding with the definitive agreement
2. Break Fee: Include when parties want to specify compensation if either party terminates negotiations
3. Costs: Include when parties need to specify who bears the costs of negotiation and due diligence
4. Timeline: Include when specific milestones for negotiation and execution of definitive agreement need to be outlined
5. Regulatory Compliance: Include when specific regulatory approvals or compliance requirements need to be highlighted
6. Force Majeure Principles: Include when parties want to outline basic principles for force majeure in the final agreement
1. Preliminary Product Specifications: Detailed technical specifications of the fuel products
2. Proposed Pricing Mechanism: Overview of the pricing formula or mechanism to be used
3. Draft Timeline: Proposed schedule for negotiation, due diligence, and execution of definitive agreement
4. Required Regulatory Approvals: List of anticipated regulatory approvals needed for the transaction
5. Delivery Points: Proposed delivery locations and basic logistics arrangements
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