Resale Price Maintenance Agreement Template for Malaysia

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Key Requirements PROMPT example:

Resale Price Maintenance Agreement

"I need a Resale Price Maintenance Agreement for my luxury handbag business in Malaysia, with strict minimum price controls and comprehensive monitoring provisions for our network of high-end boutique retailers, to be implemented from January 2025."

Document background
The Resale Price Maintenance Agreement is utilized when a supplier wishes to maintain control over the resale prices of their products in the Malaysian market. This document is essential for businesses implementing vertical price control strategies while ensuring compliance with Malaysian competition law, particularly the Competition Act 2010 and related regulations. It's commonly used in industries where brand value and price consistency are crucial, such as luxury goods, electronics, and branded consumer products. The agreement typically includes comprehensive provisions on pricing mechanisms, compliance monitoring, territorial restrictions, and enforcement measures. It requires careful drafting to balance commercial interests with competition law compliance, as RPM practices are subject to regulatory scrutiny in Malaysia.
Suggested Sections

1. Parties: Identification of the supplier and reseller(s), including full legal names, registration numbers, and registered addresses

2. Background: Context of the agreement, business relationship, and purpose of the RPM arrangement

3. Definitions: Key terms used throughout the agreement, including 'Products', 'Recommended Price', 'Territory', 'Resale Price', etc.

4. Appointment and Scope: Terms of the reseller's appointment and the scope of their authority to sell the products

5. Pricing Mechanism: Details of the pricing structure, including minimum resale prices, recommended prices, and price adjustment procedures

6. Compliance Requirements: Obligations of the reseller regarding price maintenance and related promotional activities

7. Territory and Channel Restrictions: Geographical limitations and permitted sales channels

8. Monitoring and Reporting: Procedures for monitoring compliance with the pricing requirements and reporting obligations

9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

10. Confidentiality: Protection of confidential information exchanged between parties

11. General Provisions: Standard clauses including governing law, notices, amendment procedures, and entire agreement

Optional Sections

1. Marketing and Promotion: Optional section detailing marketing obligations and restrictions, used when specific promotional requirements are part of the arrangement

2. Quality Control: Used when the supplier wishes to maintain specific quality standards in product presentation and sales environment

3. Training Requirements: Include when the supplier provides mandatory training for the reseller's staff

4. Performance Targets: Optional section for establishing sales targets and related incentives

5. Audit Rights: Detailed audit provisions, recommended when extensive monitoring is required

6. Non-Compete: Restrictions on dealing with competing products, include when exclusivity is desired

7. Data Protection: Include when personal data processing is involved in the arrangement

Suggested Schedules

1. Schedule 1 - Products: List of products covered by the agreement with detailed specifications

2. Schedule 2 - Pricing Structure: Detailed pricing tables, including minimum resale prices and recommended retail prices

3. Schedule 3 - Territory: Detailed description of geographical territory and authorized locations

4. Schedule 4 - Compliance Guidelines: Detailed guidelines for pricing compliance and permitted practices

5. Appendix A - Reporting Templates: Standard forms for regular reporting and compliance monitoring

6. Appendix B - Marketing Guidelines: Guidelines for product presentation and promotional activities

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
Relevant Industries

Retail

Consumer Goods

Electronics

Automotive

Luxury Goods

Fashion and Apparel

Pharmaceuticals

Food and Beverage

Cosmetics and Beauty

Home Appliances

Sporting Goods

Books and Publishing

Relevant Teams

Legal

Commercial

Sales

Compliance

Business Development

Distribution

Retail Operations

Channel Management

Pricing

Contract Management

Relevant Roles

Commercial Director

Sales Manager

Legal Counsel

Compliance Officer

Business Development Manager

Distribution Manager

Retail Operations Manager

Channel Manager

Price Analyst

Contract Manager

Chief Commercial Officer

Head of Sales

General Counsel

Pricing Manager

Industries
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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