The Sand Supply Contract Agreement is a vital document used in Malaysia's construction and infrastructure sectors to formalize the supply relationship between sand suppliers and purchasers. This agreement becomes necessary when there is an ongoing requirement for sand supply, typically for construction projects, manufacturing operations, or infrastructure development. The document incorporates Malaysian federal and state-specific regulations regarding sand mining, environmental protection, and commerce. It includes detailed provisions for quality specifications, delivery schedules, pricing mechanisms, and compliance requirements with relevant Malaysian legislation, including the Contracts Act 1950, Environmental Quality Act 1974, and applicable State Mineral Enactments. The agreement is particularly important given Malaysia's strict regulations on sand mining and export, and the critical role of sand in construction and development projects.
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1. Parties: Identification and details of the supplier and purchaser
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Supply Obligations: Core obligations of the supplier including quantity, quality, and delivery commitments
5. Purchase Obligations: Core obligations of the purchaser including payment terms and minimum purchase commitments
6. Quality Requirements: Detailed specifications of sand quality, testing procedures, and acceptance criteria
7. Delivery Terms: Delivery schedule, location, method, and associated responsibilities
8. Price and Payment: Pricing structure, payment terms, invoicing, and payment methods
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Compliance with Laws: Obligations to comply with relevant Malaysian laws and regulations
11. Insurance and Liability: Insurance requirements and allocation of risks between parties
12. Dispute Resolution: Procedures for handling disputes and jurisdiction details
13. Force Majeure: Provisions for unforeseen circumstances affecting performance
14. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Environmental Compliance: Detailed environmental obligations when supplying from environmentally sensitive areas
2. Performance Bond: Requirements for performance security when dealing with large supply volumes or government contracts
3. Exclusive Supply: Exclusivity provisions when parties agree to exclusive supply arrangements
4. Storage Requirements: Specific storage conditions when intermediate storage is required
5. Transportation Security: Additional security measures for high-value or sensitive transportation routes
6. Indigenous Land Rights: Special provisions when sand extraction affects native customary rights areas
7. Export Compliance: Additional requirements when sand is intended for export
8. Government Approvals: Specific section for government-required approvals and permits when applicable
1. Schedule 1 - Technical Specifications: Detailed specifications of sand types, grades, and quality parameters
2. Schedule 2 - Pricing Schedule: Detailed pricing structure, including volume-based pricing and adjustments
3. Schedule 3 - Delivery Schedule: Detailed delivery timeframes and locations
4. Schedule 4 - Testing Procedures: Procedures and standards for quality testing and verification
5. Schedule 5 - Compliance Documents: Copies of required permits, licenses, and certifications
6. Schedule 6 - Site Access Procedures: Procedures for accessing delivery and collection sites
7. Appendix A - Insurance Requirements: Detailed insurance coverage requirements and minimum limits
8. Appendix B - HSE Requirements: Health, safety, and environmental requirements for operations
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