¶¶Òõ¶ÌÊÓƵ

The Sales And Service Contract is essential for businesses operating in Malaysia that combine the delivery of products with associated services. This document is particularly relevant in today's integrated business environment where pure product sales are often enhanced with value-added services. The contract addresses the complexities of modern commercial transactions by covering both tangible goods and intangible services, ensuring compliance with Malaysian legislation including the Contracts Act 1950, Sale of Goods Act 1957, and Consumer Protection Act 1999. It is commonly used in scenarios such as equipment sales with maintenance services, software licenses with implementation support, or industrial machinery with operational training. The document includes detailed specifications for both products and services, delivery terms, acceptance criteria, warranty provisions, and ongoing service level commitments, making it suitable for long-term business relationships where products and services are interconnected.

1. Parties: Identification and details of the seller/service provider and buyer/client

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Scope of Goods and Services: Detailed description of goods to be sold and services to be provided

5. Price and Payment Terms: Pricing structure, payment schedule, and payment methods

6. Delivery and Performance: Terms regarding delivery of goods and performance of services, including timelines

7. Acceptance and Testing: Procedures for accepting goods and services, including any testing requirements

8. Warranties and Representations: Warranties for goods and services, quality standards, and performance guarantees

9. Title and Risk: Transfer of ownership and risk in goods

10. Obligations of the Parties: Specific responsibilities of both seller/service provider and buyer/client

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Liability and Indemnification: Limitations of liability and indemnification obligations

13. Confidentiality: Protection of confidential information and trade secrets

14. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

15. Governing Law and Jurisdiction: Malaysian law as governing law and jurisdiction for disputes

16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment