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Terms Of Sale Agreement Template for Malaysia

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Key Requirements PROMPT example:

Terms Of Sale Agreement

"I need a Terms of Sale Agreement for my Malaysian manufacturing company that sells industrial equipment to other businesses, with specific focus on payment terms of 30 days and warranty coverage for 12 months."

Document background
The Terms of Sale Agreement serves as a fundamental legal framework for commercial transactions in Malaysia, establishing clear rights and obligations between sellers and buyers. This document is essential for businesses engaged in regular sale of goods or services, whether in B2B or B2C contexts. The agreement must comply with Malaysian legislation, including the Contracts Act 1950, Sale of Goods Act 1957, and Consumer Protection Act 1999. It typically includes comprehensive provisions on pricing, payment terms, delivery, warranties, and liability limitations, while also addressing specific requirements of Malaysian commercial law. The Terms of Sale Agreement is particularly important for protecting both parties' interests and providing clear recourse in case of disputes.
Suggested Sections

1. Parties: Identification and details of the seller and buyer, including registration numbers and addresses

2. Background: Context of the agreement and business relationship between the parties

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Scope of Agreement: Overview of what is being sold and the general terms of sale

5. Order and Acceptance: Process for placing orders and conditions for acceptance

6. Price and Payment Terms: Pricing structure, payment methods, and payment schedules

7. Delivery and Risk: Delivery terms, timing, and transfer of risk in goods

8. Title and Property: Transfer of ownership and retention of title provisions

9. Quality and Warranties: Product quality standards and warranty terms

10. Returns and Refunds: Policies and procedures for returns and refunds

11. Limitation of Liability: Scope and limits of seller's liability

12. Term and Termination: Duration of agreement and termination conditions

13. Governing Law: Specification of Malaysian law as governing law and jurisdiction

14. General Provisions: Standard boilerplate clauses including notices, amendments, and severability

Optional Sections

1. International Shipping: Include when goods are shipped internationally, covering customs, duties, and international delivery terms

2. Digital Products: Include for digital goods, covering licensing, download, and usage rights

3. Intellectual Property: Include when selling products with significant IP components

4. Data Protection: Include when customer data is collected and processed, ensuring PDPA compliance

5. Product Installation: Include when products require professional installation or setup

6. Maintenance and Support: Include for products requiring ongoing maintenance or technical support

7. Compliance with Industry Standards: Include for regulated products or industry-specific requirements

8. Volume Discounts: Include when offering bulk purchase or loyalty pricing schemes

Suggested Schedules

1. Schedule 1 - Product Specifications: Detailed technical specifications of products

2. Schedule 2 - Price List: Current pricing for all products and variants

3. Schedule 3 - Delivery Terms: Detailed delivery timeframes and costs for different regions

4. Schedule 4 - Warranty Terms: Detailed warranty conditions and claim procedures

5. Schedule 5 - Returns Policy: Detailed returns procedures and conditions

6. Appendix A - Order Form Template: Standard form for placing orders

7. Appendix B - Quality Standards: Detailed quality specifications and testing procedures

8. Appendix C - Service Level Agreement: Performance metrics and service standards if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



























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Relevant Industries

Retail

Manufacturing

E-commerce

Wholesale

Consumer Goods

Electronics

Automotive

Food and Beverage

Textile and Apparel

Construction Materials

Industrial Equipment

Healthcare Products

Technology

Furniture and Home Goods

Relevant Teams

Legal

Sales

Commercial

Procurement

Operations

Compliance

Risk Management

Supply Chain

Customer Service

Business Development

Retail Operations

Relevant Roles

Legal Counsel

Commercial Director

Sales Manager

Procurement Manager

Business Development Manager

Contract Administrator

Compliance Officer

Operations Manager

General Manager

Chief Executive Officer

Chief Commercial Officer

Risk Manager

Supply Chain Manager

Retail Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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