Sales Service Agreement Template for Malaysia

The Sales Service Agreement serves as a foundational document for establishing service-based commercial relationships in Malaysia. This agreement is essential when a business entity (service provider) agrees to provide specific services to another entity (customer) for consideration. The document is structured to comply with Malaysian legal requirements, including the Contracts Act 1950, Sales of Goods Act 1957, and relevant industry-specific regulations. It comprehensively addresses service scope, delivery standards, payment terms, and risk allocation while incorporating necessary protections for both parties. The Sales Service Agreement is particularly vital in sectors requiring ongoing service relationships and is designed to provide clarity on performance expectations, dispute resolution, and termination rights within the Malaysian business context.

1. Parties: Identifies and provides full details of the contracting parties including registration numbers and registered addresses

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the services to be provided by the service provider

5. Term and Renewal: Specifies the duration of the agreement and renewal terms

6. Fees and Payment: Outlines the fee structure, payment terms, and invoicing procedures

7. Obligations of Service Provider: Lists the responsibilities and commitments of the service provider

8. Obligations of Customer: Specifies the customer's responsibilities and commitments

9. Representations and Warranties: States the guarantees and assurances provided by both parties

10. Confidentiality: Governs the handling and protection of confidential information

11. Intellectual Property: Addresses ownership and usage rights of intellectual property

12. Termination: Sets out grounds for termination and the termination process

13. Liability and Indemnification: Defines the extent of liability and indemnification obligations

14. Force Majeure: Addresses circumstances beyond parties' control affecting performance

15. Governing Law: Specifies Malaysian law as governing law and jurisdiction

16. General Provisions: Contains standard boilerplate clauses including notices, assignment, and amendments