This Business Agreement template is designed for use in Malaysian commercial contexts where two or more parties wish to formalize their business relationship. It is particularly relevant for both domestic and international commercial transactions within Malaysia's jurisdiction, incorporating key provisions required under Malaysian law, including the Contracts Act 1950 and related commercial legislation. The document serves as a fundamental tool for establishing clear terms of business engagement, defining rights and obligations, setting commercial terms, and providing mechanisms for dispute resolution. It can be customized to suit various business arrangements while maintaining compliance with Malaysian legal requirements and business practices.
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1. Parties: Identifies and defines all parties to the agreement with their full legal names, registration numbers, and registered addresses
2. Background: Sets out the context and purpose of the agreement, including any relevant history or relationships between the parties
3. Definitions: Defines key terms used throughout the agreement to ensure consistent interpretation
4. Scope of Agreement: Outlines the core business arrangement and what is being agreed to
5. Term and Duration: Specifies the commencement date and duration of the agreement, including any renewal terms
6. Commercial Terms: Details the key commercial aspects including pricing, payment terms, and delivery requirements
7. Obligations and Responsibilities: Lists the specific duties and responsibilities of each party
8. Representations and Warranties: Contains statements of fact and promises made by each party
9. Intellectual Property Rights: Addresses ownership and usage rights of any intellectual property involved
10. Confidentiality: Sets out obligations regarding confidential information
11. Termination: Specifies how and when the agreement can be terminated
12. Governing Law and Jurisdiction: Confirms Malaysian law as governing law and specifies jurisdiction for disputes
13. General Provisions: Contains standard boilerplate clauses including notices, assignments, and amendments
14. Execution: Signature blocks and execution formalities
1. Force Majeure: Include when parties want protection from events beyond their control
2. Change Control: Include for agreements where scope or specifications may need to change over time
3. Data Protection: Include when personal data processing is involved
4. Insurance: Include when specific insurance requirements need to be maintained
5. Anti-Corruption: Include for compliance with anti-corruption laws and policies
6. Non-Competition: Include when restricting parties from competing activities
7. Step-In Rights: Include when one party may need to take over operations in specific circumstances
8. Audit Rights: Include when one party needs rights to audit the other's compliance
1. Schedule 1 - Services/Products: Detailed description of services or products being provided
2. Schedule 2 - Pricing and Payment Terms: Detailed breakdown of pricing, payment schedules, and related terms
3. Schedule 3 - Service Levels: Performance metrics and service level requirements
4. Schedule 4 - Key Personnel: List of key personnel involved in delivering the agreement
5. Schedule 5 - Technical Specifications: Technical requirements and specifications
6. Schedule 6 - Form of Change Order: Template for documenting agreed changes
7. Appendix A - Required Insurances: Details of insurance requirements and coverage levels
8. Appendix B - Compliance Requirements: Specific regulatory or compliance requirements
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Technology
Professional Services
Retail
Distribution
Financial Services
Healthcare
Construction
Energy
Telecommunications
Logistics
E-commerce
Agriculture
Education
Hospitality
Relevant Teams
Legal
Commercial
Operations
Procurement
Finance
Business Development
Sales
Compliance
Risk Management
Corporate Secretarial
Relevant Roles
Chief Executive Officer
Managing Director
Commercial Director
Legal Counsel
Contract Manager
Business Development Manager
Operations Manager
Procurement Manager
Company Secretary
Chief Financial Officer
Sales Director
Project Manager
Risk Manager
Compliance Officer
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