The Product Sales Agreement Contract is a fundamental commercial document used in Malaysian business transactions to formalize the sale and purchase of products between commercial entities. This agreement is essential when establishing ongoing supply relationships or significant one-time product sales, particularly in business-to-business contexts. The document incorporates requirements from Malaysian commercial law, including the Contracts Act 1950, Sale of Goods Act 1957, and other relevant regulations. It is designed to protect both parties' interests by clearly defining product specifications, quality standards, delivery terms, pricing structures, and risk allocation. This agreement type is particularly important in international trade involving Malaysian entities and requires careful consideration of local legal requirements, tax implications, and commercial practices.
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1. Parties: Identifies and provides full details of the seller and buyer, including registration numbers and registered addresses
2. Background: Provides context for the agreement and outlines the parties' intentions
3. Definitions: Defines key terms used throughout the agreement
4. Product Specifications: Detailed description of the products being sold, including quality standards and specifications
5. Pricing and Payment Terms: Sets out the price, payment schedule, method of payment, and any applicable taxes
6. Order and Delivery: Procedures for placing orders, delivery terms, timelines, and logistics arrangements
7. Title and Risk: Specifies when ownership and risk in the products transfers from seller to buyer
8. Warranties and Representations: Product warranties, quality guarantees, and representations made by both parties
9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
10. Confidentiality: Obligations regarding confidential information shared between parties
11. Force Majeure: Provisions for circumstances beyond parties' control that affect performance
12. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and sets jurisdiction for disputes
13. Execution: Signature blocks and execution formalities
1. Minimum Purchase Requirements: Used when there are minimum order quantities or values that the buyer must maintain
2. Exclusivity: Include when either party is granted exclusive rights in certain territories or for certain products
3. Insurance: Required when specific insurance coverage needs to be maintained by either party
4. Quality Control: Include for products requiring specific quality control procedures or certifications
5. Returns and Refunds: Include when dealing with consumer goods or when specific return policies are needed
6. Intellectual Property: Required when the products involve trademarks, patents, or other IP rights
7. Competition Restrictions: Include when there are non-compete or market restriction provisions
8. Change Control: Used when product specifications or terms may need to be modified over time
1. Product Specifications Schedule: Detailed technical specifications, drawings, or descriptions of the products
2. Price List: Comprehensive list of products and their prices, including any volume discounts
3. Delivery Schedule: Specific delivery locations, timelines, and special handling requirements
4. Quality Standards: Detailed quality requirements, testing procedures, and acceptance criteria
5. Service Level Agreement: Performance metrics and standards for delivery and support
6. Warranty Terms: Detailed warranty terms, conditions, and claim procedures
7. Territory Schedule: Definition of geographical areas covered by the agreement
8. Contact Details: List of key contacts and authorized representatives for both parties
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