The Master Framework Agreement serves as an overarching contractual framework for businesses operating in Malaysia who anticipate multiple future transactions or service arrangements. It is particularly useful for long-term business relationships where parties expect to enter into various specific agreements over time. The document establishes fundamental terms, conditions, and procedures that will apply to all subsequent transactions, while allowing flexibility for specific details to be agreed upon in individual statements of work or purchase orders. This approach streamlines future contracting processes and ensures consistency across multiple engagements. The agreement incorporates Malaysian legal requirements and commercial practices, making it suitable for both local and international businesses operating within the Malaysian jurisdiction.
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1. Parties: Identification of the contracting parties with full legal names and registration details
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Structure and Scope: Framework structure, relationship with subsequent agreements, and scope of services/products covered
5. Term and Termination: Duration of the agreement, renewal provisions, and termination rights
6. Ordering Process: Procedures for placing and accepting orders under the framework
7. Prices and Payment: Pricing mechanisms, payment terms, and invoicing procedures
8. Performance Standards: General standards applicable to all services/products under the framework
9. Warranties and Representations: Standard warranties and representations from both parties
10. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations
11. Confidentiality: Protection of confidential information and trade secrets
12. Intellectual Property: Ownership and licensing of IP rights
13. Data Protection: Compliance with Malaysian Personal Data Protection Act and data handling requirements
14. Force Majeure: Events excusing performance and related procedures
15. Dispute Resolution: Dispute resolution procedures, governing law, and jurisdiction
16. General Provisions: Standard boilerplate clauses including notices, assignment, and amendments
1. Compliance with Laws: Specific section on regulatory compliance - include when dealing with regulated industries or cross-border transactions
2. Insurance: Detailed insurance requirements - include when significant operational risks exist
3. Security Requirements: Security protocols and requirements - include when handling sensitive data or accessing secure facilities
4. Business Continuity: Business continuity and disaster recovery requirements - include for critical services or high-value relationships
5. Environmental Compliance: Environmental standards and compliance - include when environmental impacts are relevant
6. Anti-Corruption: Specific anti-corruption provisions - include when dealing with government entities or high-risk jurisdictions
7. Competition Law Compliance: Specific competition law provisions - include when parties have significant market share
8. Change Control: Formal change management procedures - include for complex or technical services
1. Schedule 1 - Service Categories: List and description of service/product categories covered under the framework
2. Schedule 2 - Pricing Structure: Detailed pricing mechanisms, rate cards, and pricing review procedures
3. Schedule 3 - Service Levels: Detailed service levels and performance metrics
4. Schedule 4 - Governance: Governance structure, key personnel, and meeting requirements
5. Schedule 5 - Form of Statement of Work: Template for subsequent statements of work
6. Schedule 6 - Technical Requirements: Technical specifications and requirements
7. Schedule 7 - Security Requirements: Detailed security protocols and compliance requirements
8. Schedule 8 - Change Control Procedure: Detailed procedures for implementing changes
9. Appendix A - Contact Details: Key contact information for both parties
10. Appendix B - Required Documentation: List of required certificates, permits, and compliance documents
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