Preferred Supplier Agreement Template for Malaysia

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Key Requirements PROMPT example:

Preferred Supplier Agreement

"I need a Preferred Supplier Agreement for my Malaysian technology manufacturing company to secure a reliable supply of electronic components from a Singapore-based supplier, with the agreement starting from March 2025 and including volume-based pricing tiers and quality assurance requirements."

Document background
A Preferred Supplier Agreement is utilized when an organization wishes to establish a long-term, strategic supply relationship with a key vendor while maintaining flexibility in purchase volumes. This document type is particularly relevant in the Malaysian business context, where it must comply with local commercial and competition laws while facilitating efficient supply chain operations. The agreement typically includes provisions for preferential pricing, priority supply status, performance metrics, and operational procedures. Used across various industries, from manufacturing to services, the Preferred Supplier Agreement helps organizations secure reliable supply sources while potentially achieving cost savings through volume commitments and streamlined procurement processes. The document addresses key aspects of Malaysian business practice while incorporating international best practices in supply chain management.
Suggested Sections

1. Parties: Identification of the supplier and customer, including registration details and addresses

2. Background: Context of the agreement, relationship objectives, and basis for preferred supplier status

3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation

4. Appointment and Scope: Formal appointment as preferred supplier, scope of products/services, and any exclusivity provisions

5. Term and Renewal: Duration of the agreement and renewal mechanisms

6. Ordering Process: Procedures for placing and accepting orders, including any minimum commitments

7. Pricing and Payment: Price determination, payment terms, invoicing requirements, and price review mechanisms

8. Performance Standards: Required service levels, quality standards, and performance metrics

9. Supplier Obligations: Key responsibilities, compliance requirements, and operational commitments

10. Customer Obligations: Customer's commitments, access requirements, and cooperation obligations

11. Compliance and Reporting: Regulatory compliance, performance reporting, and audit rights

12. Intellectual Property: IP ownership, licenses, and usage rights

13. Confidentiality: Protection and handling of confidential information

14. Liability and Indemnity: Risk allocation, limitation of liability, and indemnification provisions

15. Force Majeure: Handling of events beyond reasonable control

16. Termination: Termination rights, process, and consequences

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

Optional Sections

1. Change Control: Process for managing changes to products/services - include if regular modifications are expected

2. Business Continuity: Disaster recovery and business continuity requirements - include for critical supplies

3. Environmental Compliance: Environmental standards and sustainability requirements - include for relevant industries

4. Data Protection: PDPA compliance and data handling - include if personal data is processed

5. Anti-Corruption: Anti-bribery and corruption provisions - include for high-value contracts

6. Insurance: Specific insurance requirements - include for high-risk supplies

7. Local Content: Local content requirements - include if relevant to industry or customer requirements

8. Training and Support: Training and technical support provisions - include for complex products/services

Suggested Schedules

1. Schedule 1 - Products and Services: Detailed description of products/services covered by the agreement

2. Schedule 2 - Pricing Schedule: Detailed pricing, discounts, and payment terms

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

4. Schedule 4 - Operational Procedures: Detailed ordering, delivery, and operational procedures

5. Schedule 5 - Technical Specifications: Product/service technical requirements and standards

6. Schedule 6 - Key Personnel: Key contacts and responsible personnel from both parties

7. Schedule 7 - Form of Purchase Order: Template purchase order document

8. Schedule 8 - Reporting Requirements: Templates and requirements for performance reporting

9. Appendix A - Customer Locations: List of delivery/service locations

10. Appendix B - Compliance Certificates: Required regulatory and quality certifications

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

Relevant legal definitions
Clauses
Industries

Contracts Act 1950: Primary legislation governing contract formation, validity, and enforcement in Malaysia, including essential elements of a valid contract, terms, and remedies for breach

Competition Act 2010: Ensures the agreement doesn't contain anti-competitive provisions or abuse of dominant market position, particularly relevant for exclusive supply arrangements

Consumer Protection Act 1999: Establishes standards for product quality and safety, affecting supply chain obligations and liability provisions

Sale of Goods Act 1957: Governs the sale of goods, including quality standards, transfer of property, and implied terms in contracts of sale

Electronic Commerce Act 2006: Regulates electronic transactions and communications if the agreement involves digital ordering or communication systems

Customs Act 1967: Relevant for import/export considerations if the supply agreement involves international trade

Goods and Services Tax Act 2014: Governs taxation aspects of supply transactions, including GST obligations and requirements

Personal Data Protection Act 2010: Regulates the processing of personal data in commercial transactions, relevant if customer data is shared between parties

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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