The Private Sales Agreement is a fundamental legal document used in Malaysia for documenting the terms and conditions of sale transactions between private parties. This document is essential when conducting private sales of goods, whether between individuals or businesses, and is particularly important for transactions of significant value or complexity. The agreement ensures compliance with Malaysian legal requirements, including the Contracts Act 1950 and Sale of Goods Act 1957, while providing a clear framework for the rights and obligations of both parties. It covers crucial aspects such as product specifications, pricing, payment terms, delivery arrangements, warranties, and dispute resolution mechanisms, offering legal protection and clarity for all parties involved in the transaction.
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1. Parties: Identifies and provides full details of the seller and buyer, including names, identification numbers/registration numbers, and addresses
2. Background: Provides context for the sale and brief description of the transaction
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Subject Matter of Sale: Detailed description of the goods being sold, including quantity and specifications
5. Purchase Price: States the agreed purchase price and currency
6. Payment Terms: Specifies payment method, timing, and any installment arrangements
7. Delivery: Details of delivery arrangements, timing, location, and responsibility for costs
8. Title and Risk: Specifies when ownership and risk in the goods transfers from seller to buyer
9. Warranties and Representations: Seller's warranties regarding the goods' condition, ownership, and compliance with specifications
10. Termination: Circumstances under which the agreement can be terminated and consequences
11. Governing Law and Jurisdiction: Confirms Malaysian law as governing law and specifies jurisdiction for disputes
12. Entire Agreement: States that the document represents the entire agreement between parties
1. Condition and Inspection: Used for second-hand goods or where pre-delivery inspection is required
2. Intellectual Property: Include when the sale involves goods with associated intellectual property rights
3. Confidentiality: Required when sensitive information is exchanged during the sale process
4. Insurance: Include for high-value items or where specific insurance requirements exist
5. Installation and Training: Necessary for technical equipment requiring setup or user training
6. Return Policy: Include when specific return conditions are offered
7. Maintenance and Support: For goods requiring ongoing maintenance or technical support
8. Force Majeure: Include when protection against unforeseen events is needed
1. Schedule 1 - Product Specifications: Detailed technical specifications of the goods
2. Schedule 2 - Payment Schedule: Breakdown of payment installments and due dates if applicable
3. Schedule 3 - Delivery Schedule: Detailed delivery timeline and requirements if complex or multiple deliveries
4. Schedule 4 - Warranty Terms: Detailed warranty conditions and claim procedures
5. Schedule 5 - Condition Report: For used goods, detailed description of current condition and any defects
6. Appendix A - Photographs: Visual documentation of the goods being sold
7. Appendix B - Certificates: Copies of relevant certificates, permits, or licenses
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