The Turbine Supply Agreement serves as the primary commercial contract for the procurement of industrial turbine equipment in Malaysia. This document is essential when organizations need to purchase turbine systems for power generation, industrial processes, or infrastructure projects. It establishes the comprehensive framework for the supply relationship, including detailed technical specifications, performance requirements, delivery terms, and warranty provisions. The agreement must comply with Malaysian legislation, including the Contracts Act 1950, Energy Commission Act 2001, and relevant environmental regulations. It typically includes provisions for local content requirements, export controls, and specific Malaysian technical standards. The document is structured to protect both supplier and purchaser interests while ensuring clear allocation of responsibilities and risks throughout the supply and installation process.
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1. Parties: Identification of the supplier and purchaser, including full legal names, registration details, and addresses
2. Background: Context of the agreement, including project overview and parties' capabilities
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Scope of Supply: Detailed description of turbine equipment, components, and associated services to be provided
5. Price and Payment Terms: Contract price, payment schedule, payment methods, and related financial terms
6. Delivery and Installation: Delivery schedule, shipping terms, installation requirements, and completion criteria
7. Testing and Commissioning: Procedures for testing, acceptance criteria, and commissioning requirements
8. Warranties: Performance guarantees, warranty period, and warranty obligations
9. Intellectual Property: IP rights, licenses, and protection of proprietary information
10. Risk and Insurance: Risk allocation, required insurance coverage, and liability provisions
11. Force Majeure: Events constituting force majeure and consequences
12. Termination: Termination rights, procedures, and consequences
13. Governing Law and Dispute Resolution: Choice of law, jurisdiction, and dispute resolution mechanisms
14. General Provisions: Standard boilerplate clauses including notices, amendments, and assignments
1. Training Services: Requirements for training purchaser's personnel on operation and maintenance, included when the purchaser requires operational training
2. Spare Parts Supply: Terms for supply of spare parts and consumables, included when long-term parts supply is part of the arrangement
3. Performance Bonds: Requirements for performance security, included when financial security is required
4. Long-term Service Agreement: Terms for ongoing maintenance services, included when maintenance is part of the package
5. Export Control: Export compliance requirements, included when international shipping is involved
6. Local Content Requirements: Local sourcing and content obligations, included when required by local regulations
7. Site Conditions: Specific site requirements and conditions, included when installation is part of the scope
1. Technical Specifications: Detailed technical specifications of the turbine and all components
2. Pricing Schedule: Detailed breakdown of prices, including unit prices and optional items
3. Delivery Schedule: Detailed timeline for delivery, installation, and commissioning milestones
4. Performance Guarantees: Specific performance parameters and testing procedures
5. Form of Performance Bond: Template for performance security documentation
6. Site Requirements: Detailed site specifications and preparation requirements
7. Spare Parts List: List of recommended spare parts with prices
8. Training Program: Detailed training curriculum and schedule
9. Quality Assurance Plan: Quality control procedures and requirements
10. HSE Requirements: Health, safety, and environmental requirements and procedures
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