This is a Manufacturing Agreement written to favor the Client. You attach the product specifications to it as Exhibit A.
Here it is in MS Word format.
Key aspects covered:
1. Manufacturer warrants that the Product furnished will conform to agreed upon specifications, will be delivered on time and will be merchantable, new and free from defects, strictly conforming to all samples.
2. Manufacturer also warrants that it shall have good title to all Products, free and clear of all liens and encumbrances, and shall transfer such title to Client.
3. Manufacturer shall indemnify.
4. Manufacturer must have adequate insurance.
5. In case any units of Product are defective, Client can reject or require replacement, or to cancel any unshipped or unperformed portion of the order, at Manufacturer’s expense.
6. Manufacturer will bear any risk of loss, damage or deterioration to Product until receipt by Client of Product conforming to all requirements of the Client.
7. Client can offset any sums due Manufacture against any sums owed to Client by Manufacturer.
8. Client can audit the Manufacturer.
9. Manufacturer agrees not to attempt to steal Client’s contacts or employees.
The Parties:
|
The Client: ___________________________________________
Address: ______________________________________________
|
The Manufacturer: ____________________________________
Address: ______________________________________________
|
|
Effective Date:
|
____________________, 2016
|
Term and Termination:
|
This Agreement remains in effects for two (2) years from the Effective Date, unless extended or terminated early. This Agreement may be terminated earlier by either Party by written notice to the other Party if that other Party fails to perform strictly in accordance with the required delivery dates, Product specifications or any other material provision of this Agreement or any purchase order. The Agreement may also be terminated early if the other party: (a) ceases production; (b) files a voluntary petition in bankruptcy; (c) has an involuntary petition in bankruptcy filed against it; (d) has a receiver or trustee appointed for it; (e) makes an assignment for the benefit of creditors; (f) becomes insolvent; or (g) goes out of business.
|
agreed upon specifications, will be delivered on time and will be merchantable, new and free from defects in material and workmanship, including latent defects, and fit and sufficient for the particular purpose intended. Manufacturer also warrants that the Product shall strictly conform to all samples furnished or specified by Manufacturer to Client, and shall be packaged in accordance with Client’s instructions and normal industry standards, and in a manner to withstand transportation hazards without damage. Unless otherwise instructed by Client, Manufacturer shall promptly repair or replace any Product which does not comply with any of the foregoing warranties and return such repaired or replaced Product to Client at Manufacturer’s expense. The foregoing warranties shall run for a period of one year from the date of shipment. Manufacturer also warrants that it shall have good title to all Products, free and clear of all liens and encumbrances, and shall transfer such title to Client. All express and implied in law warranties will survive inspection, testing, acceptance and payment. Manufacturer warrants that its performance and the Product furnished hereunder will comply with all applicable U.S. and foreign laws, rules and regulations.
CLIENT:
By: _____________________________
Name/Title: ______________________
Date:____________________________
|
MANUFACTURER:
By: _______________________________
Name/Title: ________________________
Date: ______________________________
|
CLIENT:
By: _____________________________
Name/Title: ______________________
Date:____________________________
|
MANUFACTURER:
By: _______________________________
Name/Title: ________________________
Date: ______________________________
|