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1. Parties: Identification of the vendor/supplier and the customer/purchaser, including their full legal names, registration numbers, and registered addresses
2. Background: Context of the commercial relationship and purpose of the rebate agreement
3. Definitions: Defined terms used throughout the agreement, including specific commercial terms related to rebates
4. Rebate Structure: Core terms defining the types of rebates, calculation methods, and qualifying criteria
5. Calculation Period: Specification of the periods for which rebates will be calculated (e.g., quarterly, annually)
6. Payment Terms: Terms and conditions for rebate payments, including payment method and timing
7. Reporting Requirements: Obligations regarding sales reporting, documentation, and verification processes
8. Audit Rights: Rights and procedures for auditing sales data and rebate calculations
9. Term and Termination: Duration of the agreement and conditions for termination
10. Confidentiality: Provisions protecting confidential information shared between parties
11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Product Returns and Adjustments: Handling of rebate adjustments for returned or defective products, used when product returns are common in the industry
2. Performance Targets: Additional performance criteria or targets affecting rebate calculations, used for performance-based rebate programs
3. Marketing and Promotion: Requirements for marketing support or promotional activities, relevant when rebates are tied to marketing efforts
4. Exclusivity Provisions: Terms regarding exclusive supply arrangements, used when rebates are tied to exclusive purchasing commitments
5. Force Majeure: Provisions for handling extraordinary events affecting performance, particularly relevant in long-term agreements
6. Assignment and Subcontracting: Terms governing the transfer of rights or obligations, important for larger corporate arrangements
7. Change Control: Procedures for modifying rebate terms or calculations, useful for long-term or complex arrangements
1. Schedule 1: Rebate Calculation Methodology: Detailed formulas and examples of rebate calculations
2. Schedule 2: Product List: List of products or services covered by the rebate agreement with relevant pricing
3. Schedule 3: Reporting Template: Standard format for periodic sales reporting and rebate calculations
4. Schedule 4: Performance Metrics: Detailed criteria and measurements for performance-based rebates
5. Schedule 5: Administrative Procedures: Step-by-step procedures for claiming, verifying, and paying rebates
6. Appendix A: Contact Details: Key contacts for both parties for various aspects of rebate administration
7. Appendix B: Documentation Requirements: List of required documents and evidence for rebate claims
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