A Bulk Water Supply Agreement is essential for establishing legally binding arrangements between water suppliers and bulk purchasers in Malaysia's water supply chain. This document type is commonly used when a water authority or private operator needs to formalize large-scale water supply arrangements, typically involving significant volumes of water for municipal distribution, industrial use, or further treatment and distribution. The agreement must comply with Malaysia's federal framework, particularly the Water Services Industry Act 2006 and state-specific water enactments, while addressing technical specifications, quality standards, operational procedures, and commercial terms. It's particularly relevant in scenarios involving cross-district supply, private sector participation in water infrastructure, or major industrial or municipal water supply arrangements.
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1. Parties: Identification of the water supplier and buyer, including their legal status and authority to enter into the agreement
2. Background: Context of the agreement, including relevant licenses, permits and authority to supply/purchase water
3. Definitions and Interpretation: Definitions of technical terms, regulatory references, and interpretation clauses
4. Supply Obligations: Core obligations regarding water supply, including quantity, pressure, and continuity of supply
5. Water Quality Requirements: Specifications for water quality standards and testing protocols
6. Delivery Points and Infrastructure: Specification of delivery points, metering, and infrastructure responsibilities
7. Price and Payment Terms: Pricing structure, billing procedures, and payment terms
8. Term and Renewal: Duration of the agreement and renewal provisions
9. Operations and Maintenance: Responsibilities for maintaining supply infrastructure and operational procedures
10. Regulatory Compliance: Obligations to comply with relevant water services regulations and environmental laws
11. Force Majeure: Provisions for unforeseen circumstances affecting supply capabilities
12. Dispute Resolution: Procedures for resolving disputes between parties
13. Termination: Grounds and procedures for agreement termination
14. General Provisions: Standard contractual provisions including notices, amendments, and governing law
1. Emergency Supply Arrangements: Additional provisions for emergency water supply situations, recommended for areas with historical supply challenges
2. Drought Management: Specific provisions for managing supply during drought conditions, important for areas prone to water scarcity
3. Environmental Protection: Additional environmental safeguards beyond regulatory requirements, relevant for environmentally sensitive areas
4. Technology and Innovation: Provisions for implementing new technologies in supply management, relevant for long-term agreements
5. Public Health Emergencies: Special provisions for managing supply during public health crises, recommended post-COVID
6. Indigenous Rights Protection: Specific provisions where water sources affect indigenous communities' rights
7. Cross-Border Supply: Additional provisions when supply crosses state boundaries within Malaysia
1. Schedule 1 - Technical Specifications: Detailed technical specifications for water quality, pressure, and flow rates
2. Schedule 2 - Delivery Points: Detailed description and technical specifications of all delivery points
3. Schedule 3 - Pricing Structure: Detailed pricing calculations, adjustments, and review mechanisms
4. Schedule 4 - Operating Procedures: Detailed procedures for daily operations, maintenance, and emergency responses
5. Schedule 5 - Performance Standards: Specific performance metrics and measurement methodologies
6. Schedule 6 - Testing and Monitoring: Procedures and standards for water quality testing and supply monitoring
7. Schedule 7 - Infrastructure Plans: Technical drawings and specifications of supply infrastructure
8. Appendix A - Required Permits and Licenses: Copies of all relevant regulatory permits and licenses
9. Appendix B - Emergency Contact Protocol: List of emergency contacts and communication procedures
10. Appendix C - Compliance Certificates: Relevant compliance certificates and regulatory approvals
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