Sample Professional Service Agreement for Fertilizer Import Permit Application in Malaysia
- Roger Pay
- Aug 7
- 6 min read
Fertilizer Import Permit Service Agreement
Sample Professional Service Agreement for Fertilizer Import Permit Application in Malaysia
Please note that this is a general template for informational purposes only. It is highly recommended to consult with a professional to customize this agreement to your specific needs and ensure compliance with all applicable laws and regulations in Malaysia.
PROFESSIONAL SERVICE AGREEMENT
This Professional Service Agreement (the “Agreement”) is made and entered into on this [Date], by and between:
[CLIENT NAME], a company incorporated under the laws of Malaysia with its business registration number [Company Registration Number], and having its registered office at [Registered Address] (hereinafter referred to as “the Client”);
AND
BESTAR CONSULTING LIMITED, a company incorporated under the laws of Hong Kong with its business registration number 3020481, and having its registered office at Flat D, 20/F, Eton Building, 288 Des Voeux Road Central, Sheung Wan, Hong Kong (hereinafter referred to as “the Consultant”).
The Client and the Consultant shall hereinafter be collectively referred to as the “Parties” and individually as a “Party”.
WHEREAS:
A. The Client is engaged in the business of importing and distributing agricultural products, including fertilizers, and requires a valid import permit from the relevant Malaysian authorities.
B. The Consultant is a professional service provider with expertise in regulatory compliance and permit applications for the import of goods into Malaysia.
C. The Client desires to engage the Consultant to assist with the application for an import permit for fertilizers, and the Consultant agrees to provide such services on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows:
1. SCOPE OF SERVICES
The Consultant shall provide the following professional services to the Client (the “Services”):
1.1. Advise the Client on the legal and regulatory requirements for importing fertilizers into Malaysia, including but not limited to the regulations under the Plant Quarantine Act 1976 and the Malaysian Quarantine and Inspection Services Department (MAQIS) requirements.
1.2. Assist the Client in the preparation and compilation of all necessary documents and information required for the import permit application.
1.3. Prepare and submit the import permit application on behalf of the Client to the relevant government authorities, including through the ePermit system.
1.4. Act as the primary liaison between the Client and the relevant government authorities (e.g., Department of Agriculture (DOA), MAQIS) for the duration of the application process.
1.5. Respond to any queries, requests for additional information, or clarifications from the government authorities regarding the application.
1.6. Keep the Client informed of the progress of the application at regular intervals.
1.7. Upon successful issuance of the import permit, deliver the original permit or a certified copy to the Client.
2. CLIENT'S RESPONSIBILITIES
The Client shall provide the Consultant with all necessary information and cooperation to enable the Consultant to perform the Services, including but not limited to:
2.1. Providing all required company documents, including the company's registration certificate (SSM).
2.2. Providing accurate and complete product information, including product analysis reports, Safety Data Sheets (SDS), and manufacturing process flowcharts.
2.3. Providing any other documentation or information requested by the Consultant or the government authorities in a timely manner.
2.4. Authorizing the Consultant to act as its representative for the purpose of the import permit application.
3. FEES AND PAYMENT
3.1. Service Fee: The Client agrees to pay the Consultant a fixed professional service fee of [Amount in Words] (USD[Amount in Figures]) for the Services.
3.2. Payment Schedule: Full payment of the Service Fee is required in advance before the commencement of any work. Due to the nature of the services, which involve immediate administrative actions, document preparation, and government submissions, this fee is non-refundable once the service has begun.
3.3. Disbursements: The Service Fee does not include any official government application fees, permit fees, or any other third-party costs (e.g., courier fees, notarial fees) that may be incurred during the application process. These disbursements shall be borne by the Client and will be invoiced separately by the Consultant with supporting receipts.
3.4. Taxes: All fees and charges under this Agreement are exclusive of any applicable taxes, duties, or government levies, which shall be borne by the Client.
4. TERM AND TERMINATION
4.1. Term: This Agreement shall commence on the date first written above and shall remain in full force and effect until the completion of the Services, unless terminated earlier in accordance with this Agreement.
4.2. Termination: Either Party may terminate this Agreement by giving 7 days’ written notice to the other Party in the event of a material breach of this Agreement by the other Party. The Client may terminate this Agreement at any time by giving 7 days' written notice, but any fees paid shall be non-refundable.
5. CONFIDENTIALITY
Each Party agrees to keep confidential all non-public information received from the other Party in connection with this Agreement. This obligation shall survive the termination of this Agreement.
6. LIMITATION OF LIABILITY
The Consultant’s liability for any claim arising from this Agreement shall be limited to the total amount of the Service Fee paid by the Client to the Consultant. The Consultant shall not be liable for any indirect, consequential, or punitive damages.
7. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Malaysia in accordance with the rules of the Asian International Arbitration Centre (AIAC).
8. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written, relating to the subject matter hereof.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above.
FOR THE CLIENT:
[CLIENT NAME]
Name: [Authorised Signatory's Name]
Title: [Title]
Date:
FOR THE CONSULTANT:
[CONSULTANT NAME]
Name: [Authorised Signatory's Name]
Title: [Title]
Date:
How Bestar can Help
Sample Professional Service Agreement for Fertilizer Import Permit Application in Malaysia
Hiring a professional for your fertilizer import permit application in Malaysia is highly recommended. The process can be complex, and a professional's expertise can save you significant time, money, and potential headaches. Here’s a breakdown of how Bestar can help:
1. Navigating a Complex Regulatory Landscape
Malaysia's import regulations for fertilizers are governed by several different laws and government agencies. Bestar has an in-depth understanding of:
Relevant Acts and Regulations: We know which specific laws apply to your product, such as the Plant Quarantine Act 1976, the Malaysian Quarantine and Inspection Services Act 2011 (MAQIS), and potentially the Pesticides Act 1974 if the fertilizer has specific ingredients.
Government Agencies: We can identify and liaise with the correct authorities. For fertilizer, the primary agencies are the Department of Agriculture (DOA) and MAQIS. We know the specific roles of each and can ensure applications are directed to the right place.
Pest Risk Analysis (PRA): For new types of fertilizers or products from new countries of origin, a PRA may be required. Bestar can guide you through this complex process and assist in its preparation, which is crucial for a successful application.
2. Streamlining the Application Process
Bestar can significantly simplify the often-daunting bureaucratic process. We will:
Handle the ePermit System: Applications for import permits are submitted through online systems like ePermit. Bestar is familiar with these portals and can efficiently complete and submit the forms on your behalf.
Prepare Required Documentation: We will advise you on the specific documents you need to gather. This can include:
Company registration certificates.
Product analysis reports and material safety data sheets (MSDS).
Manufacturing process flowcharts.
A phytosanitary certificate from the exporting country.
Any other technical data required by Malaysian authorities.
Ensure Compliance: We will review all your documents to ensure they are complete, accurate, and formatted correctly, minimizing the risk of rejection or delays due to non-compliance.
3. Managing Communication and Troubleshooting
A key benefit of a professional service is having an experienced intermediary to handle communication with government agencies. We can:
Liaise with Authorities: We can act as your representative, responding to queries from the DOA or MAQIS promptly and accurately.
Address Issues and Delays: If your application encounters an issue or is delayed, Bestar has the experience and contacts to follow up and find a resolution. We can troubleshoot problems that might be difficult for an inexperienced applicant to solve.
Stay Updated on Changes: Import regulations can change. Bestar stays current with the latest guidelines and amendments, ensuring your application meets the most recent requirements.
4. Avoiding Costly Mistakes
Improper applications can lead to serious consequences, including:
Delays and Lost Time: Rejections or requests for more information can significantly delay your import schedule, impacting your business operations.
Financial Loss: A mistake could result in your shipment being held at the port, incurring demurrage and storage fees. In the worst-case scenario, the goods could be confiscated or ordered to be re-exported.
Legal Penalties: Non-compliance can lead to fines or other legal penalties under Malaysian law.
In essence, Bestar acts as your expert guide through the intricate process of securing a fertilizer import permit in Malaysia. Our specialized knowledge and experience help you achieve a faster, smoother, and more secure outcome, allowing you to focus on your core business activities.
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