This Customer Contract template is designed for businesses operating in Malaysia who need to establish clear, legally compliant contractual relationships with their customers. It can be used for both business-to-consumer (B2C) and business-to-business (B2B) relationships, with appropriate modifications based on the specific scenario. The template incorporates all necessary elements required under Malaysian law, including compliance with the Contracts Act 1950, Consumer Protection Act 1999, and Personal Data Protection Act 2010. It is particularly valuable for businesses offering products or services to Malaysian customers, providing a structured framework for defining service delivery, payment terms, performance standards, and risk allocation. The template includes optional modules that can be adapted based on specific business needs, industry requirements, and the nature of products or services being provided.
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1. Parties: Identifies and provides full details of the contracting parties including registration numbers for companies
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Products/Services: Detailed description of products or services to be provided
5. Price and Payment: Payment terms, pricing structure, invoicing and payment methods
6. Delivery and Performance: Timing, delivery methods, and performance standards
7. Term and Termination: Duration of the agreement and circumstances for termination
8. Warranties and Representations: Standard warranties regarding products/services and capacity to contract
9. Limitation of Liability: Caps on liability and exclusions in line with Malaysian law
10. Confidentiality: Protection of confidential information exchanged during the relationship
11. Data Protection: Compliance with Personal Data Protection Act 2010 requirements
12. Force Majeure: Provisions for unforeseen circumstances preventing performance
13. Governing Law and Jurisdiction: Confirms Malaysian law governance and jurisdiction for disputes
14. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Intellectual Property: Include when the agreement involves creation, licensing or transfer of IP rights
2. Service Levels: Add for service contracts requiring specific performance metrics
3. Insurance: Include when specific insurance coverage is required from either party
4. Change Control: Add for contracts where scope or specifications may need future modification
5. Compliance with Laws: Include for regulated industries or when specific regulatory compliance is required
6. Security Requirements: Add when dealing with sensitive data or systems access
7. Training and Support: Include when product/service requires ongoing support or training
8. Audit Rights: Add when one party needs rights to audit the other's compliance
1. Schedule 1 - Products/Services Specification: Detailed technical specifications of products or services
2. Schedule 2 - Pricing Schedule: Detailed pricing structure, rates, and any volume discounts
3. Schedule 3 - Service Levels: Specific performance metrics and measurement criteria
4. Schedule 4 - Data Processing Agreement: Detailed terms for personal data handling if required
5. Schedule 5 - Contact Details: Key contact persons and communication protocols
6. Appendix A - Forms and Templates: Standard forms for ordering, reporting, or other operational processes
7. Appendix B - Technical Requirements: Any technical specifications or requirements for implementation
Relevant legal definitions
Clauses
Relevant Industries
Retail
Technology
Manufacturing
Professional Services
Healthcare
Education
Financial Services
Telecommunications
E-commerce
Consumer Goods
Software and IT
Consulting
Relevant Teams
Legal
Commercial
Sales
Business Development
Compliance
Risk Management
Operations
Customer Service
Account Management
Procurement
Finance
Relevant Roles
Legal Counsel
Commercial Manager
Contract Manager
Sales Director
Business Development Manager
Compliance Officer
Risk Manager
Operations Manager
Customer Service Manager
Account Manager
Procurement Manager
General Manager
CEO
CFO
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