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Agreement Between Customer And Supplier

Agreement Between Customer And Supplier Template for Malaysia

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Key Requirements PROMPT example:

Agreement Between Customer And Supplier

"I need an Agreement Between Customer And Supplier for my technology manufacturing company based in Kuala Lumpur, with specific focus on quality control standards and intellectual property protection for custom-made electronic components."

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Document background
The Agreement Between Customer And Supplier is a fundamental commercial document used to formalize supply relationships in Malaysia. It is essential for businesses engaged in the regular purchase or supply of goods or services, providing a legally robust framework that complies with Malaysian commercial law. This agreement type is particularly important as it establishes clear terms for pricing, delivery, quality standards, and risk allocation while incorporating necessary protections under Malaysian legislation. It's commonly used across various industries and can be adapted for both simple and complex supply arrangements, making it a vital tool for businesses operating in Malaysia's dynamic commercial environment. The document includes comprehensive provisions for dispute resolution, performance monitoring, and relationship management, reflecting modern business practices while ensuring compliance with local legal requirements.
Suggested Sections

1. Parties: Identifies and provides full details of the customer and supplier, including registration numbers and registered addresses

2. Background: Sets out the context of the agreement and brief description of why the parties are entering into it

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules of interpretation

4. Scope of Supply: Details the goods and/or services to be provided by the supplier to the customer

5. Price and Payment Terms: Specifies pricing, payment schedule, invoicing process, and payment methods

6. Delivery and Performance: Outlines delivery terms, timelines, and performance standards for the goods/services

7. Quality and Compliance: Sets quality standards, compliance requirements, and inspection/acceptance procedures

8. Warranties and Representations: Details warranties provided for goods/services and representations made by both parties

9. Liability and Indemnification: Establishes liability limits and indemnification obligations of both parties

10. Term and Termination: Specifies contract duration, renewal terms, and circumstances for termination

11. Confidentiality: Defines confidential information and obligations to protect it

12. Governing Law and Dispute Resolution: Specifies Malaysian law as governing law and outlines dispute resolution procedures

13. General Provisions: Contains standard boilerplate clauses including force majeure, notices, and assignment

Optional Sections

1. Intellectual Property Rights: Include when the supply involves software, designs, or other IP-protected materials

2. Data Protection: Include when personal data processing is involved in the supply relationship

3. Insurance: Include when specific insurance requirements need to be maintained by either party

4. Environmental Compliance: Include when supply involves environmental considerations or hazardous materials

5. Export Control: Include when goods or services may be subject to export regulations

6. Service Levels: Include when specific performance metrics need to be maintained

7. Change Control: Include when the scope or specifications may need formal procedures for modification

8. Business Continuity: Include for critical supplies requiring disaster recovery planning

9. Anti-Corruption Compliance: Include when dealing with government contracts or high-risk industries

Suggested Schedules

1. Schedule 1 - Specification of Goods/Services: Detailed technical specifications of goods or services to be supplied

2. Schedule 2 - Pricing Schedule: Detailed breakdown of prices, including any volume discounts or price adjustment mechanisms

3. Schedule 3 - Service Levels and KPIs: Detailed performance metrics and measurement criteria

4. Schedule 4 - Form of Purchase Order: Standard form for ordering goods/services under the agreement

5. Schedule 5 - Key Personnel: List of key personnel from both parties responsible for managing the relationship

6. Appendix A - Technical Requirements: Detailed technical requirements and standards to be met

7. Appendix B - Delivery Locations: List of approved delivery locations and specific requirements for each

8. Appendix C - Quality Control Procedures: Detailed quality control and testing procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Acceptance
Affiliate
Agreement
Applicable Law
Background IP
Business Day
Confidential Information
Contract Price
Customer
Customer Materials
Defect
Delivery Date
Delivery Location
Effective Date
Force Majeure Event
Goods
Good Industry Practice
Intellectual Property Rights
Invoice
Key Personnel
Loss
Material Breach
Notice
Order
Party/Parties
Payment Terms
Personal Data
Purchase Order
Quality Standards
Representatives
Services
Service Levels
Specifications
Supplier
Supplier Personnel
Term
Territory
Third Party
Warranties
Working Hours
Clauses
Definitions and Interpretation
Supply Obligations
Ordering Process
Delivery
Price and Payment
Quality Requirements
Performance Standards
Warranties and Representations
Title and Risk
Intellectual Property
Confidentiality
Data Protection
Liability and Indemnification
Insurance
Force Majeure
Term and Termination
Anti-Corruption
Competition Law Compliance
Change Control
Dispute Resolution
Governing Law
Assignment and Subcontracting
Notices
Entire Agreement
Severability
Third Party Rights
Waiver
Relationship of Parties
Counterparts
Survival
Health and Safety
Environmental Compliance
Record Keeping
Audit Rights
Business Continuity
Export Control
Industries

Contracts Act 1950: Forms the foundation of contract law in Malaysia, governing the formation, validity, and enforcement of contracts, including essential elements like offer, acceptance, consideration, and capacity to contract

Sale of Goods Act 1957: Regulates the sale of goods between parties, defining rights and obligations of both sellers and buyers, including quality standards, transfer of property, and remedies for breach

Consumer Protection Act 1999: Provides protection for consumers against unfair practices and defective goods, including guarantees, warranties, and remedies for consumers

Electronic Commerce Act 2006: Governs electronic transactions and digital signatures, important for modern business relationships where contracts may be formed or executed electronically

Personal Data Protection Act 2010: Regulates the collection, processing, and use of personal data in commercial transactions, ensuring privacy and data protection compliance

Arbitration Act 2005: Provides framework for alternative dispute resolution, which is often included in commercial agreements as a preferred method of resolving conflicts

Competition Act 2010: Ensures fair competition and prohibits anti-competitive practices, relevant for supplier agreements that might affect market competition

Limitation Act 1953: Sets time limits for bringing legal actions, important for including appropriate limitation periods in contractual claims and disputes

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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