The Supply And Service Agreement is a versatile commercial contract designed for business relationships where a party provides both goods and services to another party. This document is particularly relevant in the Malaysian business context, where it must comply with local legislation including the Contracts Act 1950, Sale of Goods Act 1957, and Consumer Protection Act 1999. It is commonly used when businesses require an integrated approach to procurement, combining physical products with associated services such as maintenance, support, or implementation. The agreement includes comprehensive terms covering ordering processes, delivery requirements, service standards, warranties, risk allocation, and dispute resolution mechanisms, all tailored to meet Malaysian legal requirements and commercial practices.
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Key Requirements PROMPT example:
Supply And Service Agreement
"I need a Supply and Service Agreement for providing IT hardware and ongoing maintenance services to a Malaysian telecommunications company, including quarterly performance reviews and service level requirements, with the contract starting from March 2025."
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business relationship
3. Definitions: Defined terms used throughout the agreement
4. Scope of Supply and Services: Detailed description of goods to be supplied and services to be provided
5. Term and Renewal: Duration of the agreement and renewal provisions
6. Ordering Process: Procedures for placing and accepting orders
7. Delivery and Performance: Terms relating to delivery of goods and performance of services
8. Quality and Standards: Quality requirements and applicable standards for goods and services
9. Price and Payment: Pricing structure, payment terms, and invoicing procedures
10. Title and Risk: Transfer of ownership and risk in goods
11. Warranties and Representations: Warranties regarding goods and services, and general representations
12. Compliance with Laws: Obligations to comply with applicable laws and regulations
13. Confidentiality: Protection of confidential information
14. Liability and Indemnity: Limitation of liability and indemnification provisions
15. Termination: Grounds and process for termination
16. Force Majeure: Provisions for unforeseen circumstances affecting performance
17. Governing Law and Jurisdiction: Applicable law and dispute resolution mechanisms
18. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Insurance: Insurance requirements - include when significant risks need to be covered
2. Intellectual Property Rights: IP ownership and licenses - include when IP is created or used in services
3. Data Protection: Data handling obligations - include when personal data is processed
4. Service Levels: Performance metrics and penalties - include for critical services
5. Business Continuity: Disaster recovery provisions - include for critical supply relationships
6. Anti-Corruption: Anti-bribery and corruption provisions - include for high-value or government-related contracts
7. Export Control: Export compliance - include when dealing with international trade
8. Environmental Compliance: Environmental standards - include for environmentally sensitive supplies
9. Subcontracting: Rules for subcontracting - include when subcontractors may be used
10. Training and Support: Training obligations - include when complex products or services are involved
1. Schedule 1 - Goods Specification: Detailed technical specifications of goods to be supplied
2. Schedule 2 - Services Specification: Detailed scope and specifications of services to be provided
3. Schedule 3 - Pricing Schedule: Detailed pricing structure, rates, and charges
4. Schedule 4 - Service Levels and KPIs: Performance metrics, measurement methods, and remedies
5. Schedule 5 - Delivery Locations: List of approved delivery locations and specific requirements
6. Schedule 6 - Contact Details: Key personnel and contact information for both parties
7. Schedule 7 - Form of Purchase Order: Standard form for ordering goods and services
8. Schedule 8 - Change Control Procedure: Process for managing changes to goods, services, or agreement terms
9. Schedule 9 - Acceptance Testing: Procedures for testing and accepting goods or services
10. Schedule 10 - Transition Plan: Implementation or transition-in plan for services
Authors
Relevant legal definitions
Agreement
Business Day
Confidential Information
Contract Price
Delivery Date
Delivery Location
Effective Date
Force Majeure Event
Goods
Intellectual Property Rights
Invoice
Laws
Performance Standards
Purchase Order
Quality Standards
Representatives
Services
Service Location
Specifications
Supplier Personnel
Term
Territory
Warranties
Working Hours
Acceptance Criteria
Applicable Laws
Commencement Date
Completion Date
Customer Materials
Defects
Documentation
Emergency
Good Industry Practice
Implementation Schedule
Key Personnel
Loss
Material Breach
Payment Terms
Performance Metrics
Related Company
Service Credits
Service Levels
Site
Subcontractor
Technical Requirements
Work Product
Business Day
Confidential Information
Contract Price
Delivery Date
Delivery Location
Effective Date
Force Majeure Event
Goods
Intellectual Property Rights
Invoice
Laws
Performance Standards
Purchase Order
Quality Standards
Representatives
Services
Service Location
Specifications
Supplier Personnel
Term
Territory
Warranties
Working Hours
Acceptance Criteria
Applicable Laws
Commencement Date
Completion Date
Customer Materials
Defects
Documentation
Emergency
Good Industry Practice
Implementation Schedule
Key Personnel
Loss
Material Breach
Payment Terms
Performance Metrics
Related Company
Service Credits
Service Levels
Site
Subcontractor
Technical Requirements
Work Product
Clauses
Interpretation
Appointment
Term
Supply of Goods
Provision of Services
Ordering Process
Delivery
Title and Risk
Quality Standards
Service Levels
Price and Payment
Invoicing
Performance Standards
Testing and Acceptance
Warranties
Customer Obligations
Supplier Obligations
Key Personnel
Subcontracting
Intellectual Property
Confidentiality
Data Protection
Insurance
Liability and Indemnity
Force Majeure
Termination
Exit Management
Change Control
Dispute Resolution
Notices
Assignment
Severability
Entire Agreement
Governing Law
Compliance with Laws
Anti-Corruption
Health and Safety
Environmental Compliance
Business Continuity
Audit Rights
Relationship of Parties
Appointment
Term
Supply of Goods
Provision of Services
Ordering Process
Delivery
Title and Risk
Quality Standards
Service Levels
Price and Payment
Invoicing
Performance Standards
Testing and Acceptance
Warranties
Customer Obligations
Supplier Obligations
Key Personnel
Subcontracting
Intellectual Property
Confidentiality
Data Protection
Insurance
Liability and Indemnity
Force Majeure
Termination
Exit Management
Change Control
Dispute Resolution
Notices
Assignment
Severability
Entire Agreement
Governing Law
Compliance with Laws
Anti-Corruption
Health and Safety
Environmental Compliance
Business Continuity
Audit Rights
Relationship of Parties
Relevant Industries
Manufacturing
Technology
Telecommunications
Healthcare
Construction
Retail
Energy
Automotive
Food and Beverage
Electronics
Industrial Equipment
Professional Services
Logistics
Facilities Management
Information Technology
Relevant Teams
Legal
Procurement
Supply Chain
Operations
Finance
Compliance
Risk Management
Commercial
Vendor Management
Contract Administration
Business Development
Relevant Roles
Procurement Manager
Supply Chain Director
Commercial Director
Legal Counsel
Contract Manager
Operations Manager
Chief Financial Officer
Purchasing Officer
Vendor Manager
Business Development Manager
Risk Manager
Compliance Officer
General Manager
Category Manager
Supply Chain Analyst
Find the exact document you need
Supply Agreement Contract
A Malaysian law-governed agreement establishing terms and conditions for regular supply of goods between supplier and buyer, incorporating local commercial regulations and business practices.
find out more
Supply And Service Agreement
A Malaysian law-governed agreement combining supply of goods and provision of services, establishing terms for delivery, performance, and commercial relationship.
find out more
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