Dated this day

Between

FIRST PARTY (SELLER)

(THE COMPANY No. 64844-A)

AND

SECOND PARTY (BUYER)

(THE COMPANY No. 64844-A)
 MEMORANDUM AGREEMENT
FOR THE SALE OF SCRAP MATERIALS
_______________________________________________________________________________________________________________________

THIS AGREEMENT is made the day and year stated in Section 1 of the First Schedule

hereto between the First Party whose name, description and address are stated in Section 3 of the

First Schedule hereto (hereinafter called “the Seller”) of the one part and the Second party whose

name, description and address are stated in Section 4 of the First Schedule hereto (hereinafter

called “the Buyer”) of the other part.

WHEREAS: -

A. The FIRST PARTY desire to sell all its SCRAP materials and assets located at-
__________________ to the Buyer.

B. Whereas, the SECOND PARTY paid the sum amount of RM_____________ as advance
payment for the scrap materials and assets.

C. The SECOND PARTY is willing to buy FIRST PARTY’s SCRAP materials and
assets, and undertakes to perform all the responsibilities imposed upon it and herein
indicated in the Term and Conditions below.

D. The FIRST PARTY guarantee to sell scrap materials with selling price as stated in Section2
of Second Schedule to S M Rajan Enterprise referred to as the SECOND PARTY.

E. The FIRST PARTY guarantee to weight in and out scrap loaded Lorries only at SECOND
PARTY said location. With that, SECOND PARTY Lorries will not follow FIRST PARTY
said location (as seller agrees to only weight in and out Lorries at buyer’s said location) or
weight in and out at third party location.

F. The purpose of this Memorandum of Agreement is to have a written formal

understanding of the agreement between parties to cooperatively work together.

NOW IT IS HEREBY AGREED BETWEEN THE PARTIES:

TERMS AND CONDITIONS

1. CONDITIONS PRECEDENT

This Agreement is strictly conditional upon the fulfillment of all the obligations /
prerequisites as stipulated in Section 8 of the First Schedule.

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 2. RESPONSIBILITIES OF FIRST PARTY

a) The First Party must provide a Memorandum of Agreement to the Second Party.
b) The First Party is required and agree to release the SCRAP materials to the Second Party with the
price stated in Section 2 of the Second Schedule upon signing this agreement. If the former does
not comply with the agreed date of release of the scrap materials, it must return the full down
payment paid by the second party.
c) Once the First Party has released the scrap materials, the obligation and responsibility of the First
Party ends there.
d) The First Party agree to provide required forklift to load scraps and materials.
e) The First Party agree weight in and out scrap loaded Lorries ONLY at Second Party said location.

f) The First Party agree to refund the paid deposit upon completion of work.
g) The First Party agree to refund the paid deposit, only in case of, termination of this agreement, due
to misunderstanding or unexpected situations as the First Party holds no right to hold on to the
given deposit amount.

3. RESPONSIBILITIES OF THE SECOND PARTY

a) Once the scrap materials have been released by the First Party, the Second Party is responsible for
loading and picking up the scrap materials from the site, and for weight in and out also unloading
them ONLY at the Second party’s place.

b) The Second Party must provide a truck and workmanship to pick up the scrap materials.

c) Once the scrap materials have been released, the Second Party must load/unload, at soonest.

d) The Second Party agree to weight in and out scrap loaded Lorries at First Party said location (third
party), at ONCE and WILL NOT weight in and out scrap loaded Lorries more than once at third
party location.

e) The Second Party agree to settle the payment of loaded and weighted scrap ONLY.

f) The Second Party agree to pay the payment of loaded and weighted scrap by end of each trip by
cash or via online transfer within 2 days.

g) The Second Party agree to buy any type or sort of material and scrap only as stated in Section 2 of
Second Schedule.

8. TERM

a) This Agreement shall commence upon execution of this Agreement and shall continue in full
force and effect for a period as stipulated in Section 1 of the Second Schedule. This
Agreement may only be renewed and extended by mutual agreement unless served with a
termination notice as per Clause 9 herein or by operation of and in accordance with this
Agreement.

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b) The Second Party reserves the right not to renew this Agreement upon its expiration without
having to provide any reasons whatsoever.

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4
IN WITNESS WHEREOF the parties have set their hands the day and the year first
above written.

(FIRST PARTY)

Signed by )
Name )
NRIC No. )

In the presence of )
Name of witness )

(SECOND PARTY)

Signed by )
Name )
NRIC No. )

In the presence of )
Name of witness )
NRIC No. )

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THE FIRST SCHEDULE (Which is to be taken read and construed as an essential part of this
Agreement)
Section No. Item Information
1 Date of Agreement

2 Particulars of Seller

3 Particulars of Buyer

4 Work Area

5 Particulars of Service

6 Type of Scrap and Materials

7 Service Hours

8 Rest Hours -

9 Conditions Precedent 1. Carry out the services as stipulated in

Sections 5, 6, 7 & 8 of this Schedule.

(The rest of this page is left intentionally blank)

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THE SECOND SCHEDULE (Which is to be taken read and construed as an essential
part of this Agreement)
Section No. Item Particulars
1 Duration of Agreement One (1) year

2 Contract Fees

3 Payment Dates

4 Penalty

(The rest of this page is left intentionally blank

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 S M RAJAN ENTERPRISE
(SA0430082-M)
No.1A, Lot 1238, Batu 7 1⁄2, Elite Industrial Estate, Jalan Bukit Kemuning,
42450 Shah Alam, Selangor D.E.
Tel: 012 - 7211546 Email: naveintiagarajan57@gmail.com