The Supply And Installation Agreement is a crucial document used when a supplier or contractor is engaged to both provide equipment or goods and handle their installation at the customer's designated location. This agreement is particularly important in the Malaysian business context, where it must comply with local laws including the Contracts Act 1950, Sale of Goods Act 1957, and various industry-specific regulations. The document is designed to protect both parties' interests by clearly defining responsibilities, specifications, timelines, and acceptance criteria for both the supply and installation components. It includes detailed provisions for quality standards, testing procedures, warranties, and defect liability periods, while incorporating necessary health and safety requirements under Malaysian law. This type of agreement is commonly used for projects ranging from simple equipment installations to complex industrial systems.
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1. Parties: Identification and details of the supplier/contractor and the customer
2. Background: Context of the agreement and brief description of the supply and installation project
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Scope of Supply: Detailed description of goods/equipment to be supplied
5. Installation Services: Scope and requirements of installation services
6. Project Timeline: Delivery and installation schedule, milestones, and completion dates
7. Price and Payment Terms: Pricing structure, payment schedule, and payment conditions
8. Delivery and Acceptance: Terms for delivery, inspection, testing, and acceptance procedures
9. Warranties and Defects Liability: Warranty terms for goods and installation works
10. Health and Safety: Safety requirements and compliance with regulations
11. Insurance and Indemnity: Insurance requirements and indemnification provisions
12. Intellectual Property: IP rights and licenses related to supplied goods and installation
13. Confidentiality: Protection of confidential information
14. Force Majeure: Provisions for unforeseen circumstances and their handling
15. Termination: Grounds and procedures for contract termination
16. Dispute Resolution: Procedures for handling disputes
17. General Provisions: Standard boilerplate clauses including notices, amendments, governing law
1. Import/Export Compliance: Required when goods are imported/exported internationally
2. Site Access and Preparation: Include when customer is responsible for site preparation
3. Training and Documentation: When operation training and technical documentation are required
4. Maintenance Services: Optional post-installation maintenance services
5. Performance Guarantees: Specific performance metrics for complex equipment
6. Environmental Compliance: For projects with significant environmental impact
7. Security Requirements: For installations in secure or sensitive locations
8. Software Licenses: When software is part of the supplied equipment
1. Schedule 1 - Technical Specifications: Detailed specifications of goods to be supplied
2. Schedule 2 - Scope of Installation Works: Detailed installation requirements and procedures
3. Schedule 3 - Price Schedule: Breakdown of prices for goods and installation services
4. Schedule 4 - Project Timeline: Detailed project schedule with milestones
5. Schedule 5 - Testing and Commissioning Procedures: Acceptance testing requirements and procedures
6. Schedule 6 - Site Requirements: Site specifications and preparation requirements
7. Schedule 7 - Warranty Terms: Detailed warranty conditions and procedures
8. Schedule 8 - HSE Requirements: Health, safety, and environmental requirements
9. Appendix A - Forms and Certificates: Standard forms for completion certificates, acceptance tests
10. Appendix B - Insurance Requirements: Detailed insurance coverage requirements
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