The Tooling Agreement is essential for businesses operating in Malaysia that require specialized industrial tools and equipment for their manufacturing processes. This document is typically used when a company needs to procure custom-made tools, dies, molds, or other manufacturing equipment from a specialized manufacturer or supplier. The agreement, governed by Malaysian law including the Contracts Act 1950 and Industrial Co-ordination Act 1975, outlines critical elements such as technical specifications, quality standards, delivery timelines, acceptance criteria, warranty terms, and intellectual property rights. It provides legal protection for both the supplier and purchaser while ensuring compliance with Malaysian manufacturing regulations and safety standards. The document is particularly important for industries requiring precision tooling, such as automotive, aerospace, and electronics manufacturing.
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1. Parties: Identification of the parties entering into the agreement, including their full legal names, registration numbers, and registered addresses
2. Background: Context of the agreement, including the purpose of the tooling arrangement and basic commercial understanding
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Work: Detailed description of the tooling to be manufactured/supplied and associated services
5. Payment Terms: Price, payment schedule, invoicing procedures, and any advance payments required
6. Delivery and Acceptance: Timeline for delivery, acceptance testing procedures, and criteria for acceptance
7. Title and Risk: Transfer of ownership, risk allocation, and insurance requirements
8. Intellectual Property Rights: Ownership of IP, licenses granted, and restrictions on use
9. Quality Requirements: Quality standards, inspection rights, and warranty provisions
10. Term and Termination: Duration of agreement and circumstances for termination
11. Confidentiality: Protection of confidential information shared during the agreement
12. General Provisions: Standard boilerplate clauses including governing law, notices, and dispute resolution
1. Tooling Maintenance: Include when ongoing maintenance services are part of the agreement
2. Training Services: Include when supplier must provide training on tool usage
3. Spare Parts Supply: Include when agreement covers supply of spare parts
4. Export Control: Include when tooling involves cross-border transfers or controlled technology
5. Environmental Compliance: Include when tooling involves environmental considerations or hazardous materials
6. Security Requirements: Include when tooling involves sensitive operations or data
7. Change Management: Include when modifications to tooling specifications are anticipated
1. Schedule 1 - Technical Specifications: Detailed technical requirements and specifications for the tooling
2. Schedule 2 - Pricing Schedule: Detailed breakdown of prices, including any variable components
3. Schedule 3 - Delivery Schedule: Detailed timeline for delivery, installation, and acceptance testing
4. Schedule 4 - Quality Standards: Specific quality requirements, testing procedures, and acceptance criteria
5. Schedule 5 - Service Level Agreement: Performance metrics and service levels for maintenance (if applicable)
6. Schedule 6 - Warranty Terms: Detailed warranty terms, conditions, and claim procedures
7. Appendix A - Technical Drawings: Engineering drawings and technical documentation
8. Appendix B - Safety Requirements: Safety standards and compliance requirements
Relevant legal definitions
Acceptance Criteria
Acceptance Tests
Agreement
Background Intellectual Property
Business Day
Commencement Date
Confidential Information
Delivery Date
Delivery Location
Design Specifications
Effective Date
Equipment
Final Acceptance
Force Majeure Event
Intellectual Property Rights
Manufacturing Standards
Payment Schedule
Performance Standards
Production Parts
Purchase Price
Quality Standards
Related Documentation
Safety Standards
Services
Site
Specifications
Technical Documentation
Term
Testing Period
Tool Life
Tooling
Warranty Period
Work Product
Acceptance Tests
Agreement
Background Intellectual Property
Business Day
Commencement Date
Confidential Information
Delivery Date
Delivery Location
Design Specifications
Effective Date
Equipment
Final Acceptance
Force Majeure Event
Intellectual Property Rights
Manufacturing Standards
Payment Schedule
Performance Standards
Production Parts
Purchase Price
Quality Standards
Related Documentation
Safety Standards
Services
Site
Specifications
Technical Documentation
Term
Testing Period
Tool Life
Tooling
Warranty Period
Work Product
Clauses
Interpretation
Scope of Supply
Technical Specifications
Design Requirements
Manufacturing Standards
Quality Control
Testing and Inspection
Delivery
Acceptance
Title and Risk
Price and Payment
Intellectual Property
Confidentiality
Warranties
Liability
Insurance
Force Majeure
Term and Termination
Assignment
Subcontracting
Health and Safety
Compliance with Laws
Export Control
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Waiver
Variation
Third Party Rights
Scope of Supply
Technical Specifications
Design Requirements
Manufacturing Standards
Quality Control
Testing and Inspection
Delivery
Acceptance
Title and Risk
Price and Payment
Intellectual Property
Confidentiality
Warranties
Liability
Insurance
Force Majeure
Term and Termination
Assignment
Subcontracting
Health and Safety
Compliance with Laws
Export Control
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Waiver
Variation
Third Party Rights
Relevant Industries
Manufacturing
Automotive
Aerospace
Electronics
Industrial Equipment
Precision Engineering
Metal Fabrication
Plastics and Polymers
Medical Device Manufacturing
Defense Manufacturing
Consumer Goods Manufacturing
Relevant Teams
Procurement
Operations
Manufacturing
Supply Chain
Quality Control
Engineering
Legal
Production
Technical Operations
Project Management
Industrial Design
Compliance
Relevant Roles
Procurement Manager
Manufacturing Director
Operations Manager
Supply Chain Manager
Quality Control Manager
Production Engineer
Tool Design Engineer
Contracts Manager
Legal Counsel
Technical Director
Industrial Engineer
Facility Manager
Project Manager
Chief Operations Officer
Manufacturing Engineer
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