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Sales And Service Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that combines the elements of both product sales and service provision into a single contract. This document establishes the terms and conditions for the supply of goods and related services, including pricing, delivery, quality standards, warranties, and service level requirements. It incorporates provisions compliant with Malaysian legislation including the Contracts Act 1950, Sale of Goods Act 1957, and Consumer Protection Act 1999, while providing flexibility to accommodate various business relationships and industry-specific requirements.

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What is a Sales And Service Agreement?

The Sales and Service Agreement is designed for businesses operating in Malaysia that provide both products and associated services to their customers. This document type is particularly relevant when the supply of goods is accompanied by related services such as installation, maintenance, support, or training. The agreement ensures compliance with Malaysian legal requirements while protecting both parties' interests through clear definitions of responsibilities, quality standards, and performance metrics. It's commonly used in scenarios where ongoing service relationships are tied to product sales, such as technology implementations, industrial equipment supply, or professional service arrangements. The document includes provisions for ordering processes, delivery terms, service levels, warranties, and payment terms, making it suitable for both one-time transactions and ongoing business relationships.

What sections should be included in a Sales And Service Agreement?

1. Parties: Identification and details of the contracting parties

2. Background: Context of the agreement and general business relationship between the parties

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

4. Scope of Products and Services: Detailed description of products to be sold and services to be provided

5. Ordering Process: Procedures for placing and accepting orders for products and services

6. Pricing and Payment Terms: Pricing structure, payment terms, invoicing procedures, and applicable taxes

7. Delivery and Performance: Terms for delivery of products and performance of services

8. Quality and Standards: Quality requirements for products and service level standards

9. Warranties and Representations: Warranties for products and services, and general representations by both parties

10. Term and Termination: Duration of agreement and circumstances for termination

11. Intellectual Property Rights: Ownership and usage rights of intellectual property

12. Confidentiality: Protection and handling of confidential information

13. Liability and Indemnification: Limitations of liability and indemnification obligations

14. Force Majeure: Provisions for unforeseen circumstances preventing performance

15. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.

What sections are optional to include in a Sales And Service Agreement?

1. Insurance: Insurance requirements - include when high-value products or high-risk services are involved

2. Data Protection: Specific data handling and privacy provisions - include when personal data is processed

3. Export Control: Export compliance requirements - include for international sales

4. Training and Support: Details of training and support services - include for complex products or services

5. Acceptance Testing: Product or service acceptance procedures - include for custom or complex deliverables

6. Transition Services: Procedures for service transition - include when complex service handover is required

7. Compliance with Shariah Law: Islamic law compliance provisions - include when parties require Shariah compliance

8. Change Management: Procedures for managing changes - include for long-term or complex arrangements

What schedules should be included in a Sales And Service Agreement?

1. Product Specifications: Detailed technical specifications of products

2. Service Specifications: Detailed description of services and service levels

3. Price List: Detailed pricing information for products and services

4. Service Level Agreement (SLA): Specific service levels, metrics, and performance standards

5. Territory Schedule: Defined territories for sales and service provision

6. Key Personnel: List of key personnel responsible for service delivery

7. Technical Requirements: Technical specifications and requirements for service delivery

8. Form of Purchase Order: Standard form for placing orders under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malaysia

Document Type

Sales Agreement

Sector

Sales

Cost

Free to use

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