Ready to use legal template

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Compliant with Malaysian law

Ready to use legal template

Drafted by lawyers

Compliant with Malaysian law

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Learn more about Sales Contract in Malaysia

Any purchase of products by a company must be accompanied by a Sales Agreement between the seller and the buyer. Download this Sales Agreement to help you develop and grow your business in Malaysia. This contract is a easy to edit legal document that applies to all types of products. It describes the terms of sale, the delivery terms, the parties involved and their relationship. However, if you offer services, you can also download the Service Agreement template or Consulting Agreement for consulting services. Contact our lawyers if you need a customised contract.

Table of contents


What is a Sales Agreement?

When a corporation makes a transaction to a consumer, it must specify what it will do in its sales contract. This contract is utilized in a wide range of activities. It defines the type of the provider’s sales and the price to be paid by the customer in exchange, and finally it defines the parties’ relationship.

The sales contract establishes both the provider’s and the client’s commitment to fulfill their responsibilities. The sales agreement is an agreement in which the provider agrees to make an independent sale for a customer in exchange for a fee for the service accomplished. Both parties agree to fulfill their respective commitments by signing the sales agreement. The signed document establishes rights and has monetary worth.

Why use a Sales Agreement?

1. Gives Specifics

Even if all parties are fully committed to the business, a sales agreement between two organizations helps assure appropriate contract execution. More formal contracts include provisions for resolving a disagreement, such as where it must be arbitrated. In the case of a legal disagreement, this affords the side with more bargaining strength a more advantageous site.

2. Provides legal support

One of the primary purposes of a sales agreement is to safeguard both parties in the case of legal action. If your company purchases materials to manufacture an order, engages people to generate it, or refuses other companies to execute a service or create a product, you may go out of business if the customer does not pay. Business sales agreements assist a court in determining whether or not there was a legitimate contract by evaluating the wording of the document as well as the following activities of both parties.

3. Provides you with a working document

A sales agreement can assist your employees deliver continuing support to a client while also increasing internal efficiency. Many organizations employ contract managers to guarantee that consumers receive what they ordered, that they receive excellent customer service, and that they keep their half of the agreement. A formal sales agreement spells out all of the specifics for the salesperson or contract manager to follow throughout the year.

What are the requirements of a Sales Agreement?

In Malaysia, the following conditions must be met in order to make a legally valid contract:

An offer is an expression of one party’s readiness to engage into a legally binding contract on defined terms.
Acceptance is the offeree’s indication of intent to engage into a contract on the conditions of the offer.
A contract without consideration is null and void. Consideration has been described as any right, interest, profit, or advantage accruing to one party, or any forbearance, harm, loss, or duty granted, endured, or assumed by the other.
Intention to establish legal connections: Although not officially mentioned in the Contracts Act, intent to form legal relations is a critical need for a valid contract.

What are the sales regulations in Malaysia?

Malaysian law covers sales of commodities contracts as follows:

➤ The Contracts Act of 1950
➤ The Sale of Goods Act of 1957
➤ 1999 Consumer Protection Act

Malaysia is a common law country. As a result, in the lack of Malaysian legal authority, English common law precedents are persuasive and are utilized as advice. Unless expressly authorized by the Act, parties may contract out of the Contracts Act.

Concerning International law, Malaysia is a signatory to the 1999 Convention on the Unification of Certain Rules for International Air Carriage (Montreal Convention). 1973 Convention on International Trade in Endangered Wild Fauna and Flora.

What are the seller’s obligations?

There is an implied requirement in a contract for the sale of goods by description that the commodities must match with the description. In a sample and description sale, the bulk of the products must match both the sample and the description. There are no implied guarantees or conditions as to the quality or suitability for purpose of goods provided under a contract of sale, unless the buyer directly or implicitly informs the seller of the specific purpose for which the items are required. Products are purchased by description from a seller who specializes in goods of that description, with the implied requirement that the goods be of merchantable quality.

Is there a pricing requirement under Malaysian law?

Malaysian law does not set any required price requirements. The parties generally agree on a fee. In a sale contract, the price might be specified in the contract or left to be determined by the parties in the course of their dealings. If no price is agreed upon, the buyer must pay a reasonable price to the seller. What constitutes a reasonable price is a question of fact that varies based on the facts of each situation.

What are the most common process payments?

There are no default conditions regarding payment time and place. In business transactions, common payment methods include:

➤ Letters of credit
➤ Exchange bills
➤ Notes of promise
➤ Drafts from a bank
➤ Transfer of funds

There are no time constraints between the date of the invoice and payment unless the parties agree otherwise.

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