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General Terms And Conditions Of Contract

General Terms And Conditions Of Contract Template for Malaysia

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Key Requirements PROMPT example:

General Terms And Conditions Of Contract

"I need a General Terms and Conditions of Contract for my e-commerce business based in Kuala Lumpur, launching in January 2025, which will sell consumer electronics to both individual customers and business clients throughout Malaysia."

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Document background
This General Terms and Conditions of Contract is designed for use in Malaysian business operations to establish clear, enforceable rules for commercial relationships. It serves as the primary agreement governing transactions between businesses and their customers, whether in B2B or B2C contexts. The document is structured to comply with Malaysian legal requirements, including the Contracts Act 1950, Consumer Protection Act 1999, and other relevant legislation. It covers essential aspects such as contract formation, service delivery, payment terms, warranties, liability limitations, and dispute resolution mechanisms. This template is particularly valuable for businesses operating in Malaysia that need standardized terms for regular commercial transactions, ensuring consistency in their operations while maintaining legal compliance.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the terms and conditions

3. Definitions and Interpretation: Definitions of key terms and rules for interpreting the agreement

4. Scope of Services/Products: General description of products or services covered by these terms

5. Order Process: Procedures for placing and accepting orders

6. Pricing and Payment Terms: Standard pricing structure, payment methods, and terms

7. Delivery and Performance: Terms relating to delivery of goods or performance of services

8. Acceptance and Returns: Conditions for acceptance of goods/services and return procedures

9. Warranties and Representations: Standard warranties provided and representations made by both parties

10. Intellectual Property Rights: Protection and ownership of intellectual property

11. Confidentiality: Obligations regarding confidential information

12. Data Protection: Compliance with PDPA and data handling requirements

13. Limitation of Liability: Limitations and exclusions of liability

14. Term and Termination: Duration of agreement and termination provisions

15. Force Majeure: Provisions for unforeseen circumstances and their handling

16. Governing Law and Jurisdiction: Application of Malaysian law and jurisdiction

17. General Provisions: Standard boilerplate clauses including notices, assignment, and severability

Optional Sections

1. Insurance: Required when specific insurance coverage needs to be maintained by either party

2. Service Level Agreement: For contracts involving ongoing services with specific performance metrics

3. Compliance with Laws: Detailed compliance requirements for regulated industries or specific sectors

4. Security Requirements: For contracts involving IT systems or sensitive data handling

5. Environmental Compliance: For contracts with environmental impact or sustainability requirements

6. Export Control: For international trade or contracts involving controlled goods

7. Anti-Corruption: Enhanced anti-corruption provisions for high-risk or government-related contracts

8. Change Control: Procedures for managing changes in long-term or complex relationships

Suggested Schedules

1. Schedule 1 - Pricing Schedule: Detailed pricing information, rates, and fee structures

2. Schedule 2 - Service Specifications: Detailed technical or service specifications

3. Schedule 3 - Service Levels: Detailed service level commitments and metrics

4. Schedule 4 - Data Processing Agreement: Detailed terms for personal data processing under PDPA

5. Schedule 5 - Security Requirements: Detailed security protocols and requirements

6. Appendix A - Contact Details: Key contact information for both parties

7. Appendix B - Form of Order: Standard order form template

8. Appendix C - Change Request Form: Standard template for requesting changes to services or terms

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
Clauses
Definitions
Interpretation
Scope of Services
Order Process
Pricing
Payment Terms
Delivery
Acceptance
Quality Standards
Warranties
Service Levels
Performance Standards
Intellectual Property
Confidentiality
Data Protection
Force Majeure
Liability
Indemnification
Insurance
Term
Termination
Assignment
Subcontracting
Notices
Dispute Resolution
Governing Law
Jurisdiction
Entire Agreement
Amendment
Severability
Waiver
Compliance with Laws
Anti-Corruption
Records and Audit
Language
Relationship of Parties
Third Party Rights
Relevant Industries

Retail

E-commerce

Technology

Manufacturing

Professional Services

Financial Services

Healthcare

Telecommunications

Hospitality

Construction

Education

Logistics and Transportation

Consumer Goods

Energy

Real Estate

Relevant Teams

Legal

Compliance

Commercial

Sales

Operations

Risk Management

Customer Service

Business Development

Finance

Procurement

Account Management

Relevant Roles

Legal Counsel

Commercial Director

Business Development Manager

Compliance Officer

Risk Manager

Operations Manager

Sales Director

Customer Service Manager

Contract Administrator

Chief Legal Officer

General Manager

CEO

CFO

Procurement Manager

Account Manager

Industries
Contracts Act 1950: The fundamental law governing contract formation, validity, and enforcement in Malaysia, including elements of offer, acceptance, consideration, and capacity to contract
Consumer Protection Act 1999: Regulates consumer rights and protection, including provisions against unfair contract terms and practices in business-to-consumer contracts
Electronic Commerce Act 2006: Governs electronic transactions and digital contracts, particularly relevant for online terms and conditions
Sale of Goods Act 1957: Regulates contracts relating to the sale of goods, including implied terms, transfer of property, and rights and duties of sellers and buyers
Personal Data Protection Act 2010: Regulates the collection, processing, and use of personal data in commercial transactions
National Language Acts 1963/67: Relevant for language requirements in contracts, particularly regarding the use of Bahasa Malaysia in official documents
Civil Law Act 1956: Provides for the application of English common law principles in Malaysian contract law where no specific local legislation exists
Specific Relief Act 1950: Governs remedies available for breach of contract and enforcement of contractual rights
Competition Act 2010: Relevant for terms affecting market competition and anti-competitive practices
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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