About this fashion or FMCG design and make up agreement
This agreement is for you to send your designs and ideas to a company who will complete the design, send samples to you for approval, pass your stringent tests, comply with national or international standards and ultimately make up to your order. It could as easily be used for any fast moving consumer product like cosmetics, toys or household goods.
We cannot hope to think up the specification for every possible product. We leave it to you to provide your specification for design, finished product and standards to be achieved along the way.
Key features
- Favours the designer/customer not the manufacturer, so puts you in the driving seat
- Takes you logically through the practical provisions you will need
- Assumes your intellectual property is of great value and must be protected.
- Suitable for a contract with foreign supplier
Contents of this fashion or FMCG design and make up agreement
The most important provisions are likely to be:
- Manufacturer’s warranties - who they are, what qualifications they have.
- Scope of work - what exactly is the deal
- Design reviews, product testing and quality assurance
- Setup costs
- Payment for product development
- Delivery
- You can show their plant to potential customers or regulatory bodies
- Design price and payment
- Production price
- Use of sub-contractors
- Option to cancel contract if ownership changes
- Confidential Information, including your intellectual property
- New designs
- Rules for publicity and / or announcements
This document was written by an attorney for Net Lawman. It complies with current South African law.
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"The website is great, the access easy, documents professional. All very smart. Immediately got a good impression of Net Lawman."
Hendrik J Pfaff, CFA, Stellenbosch, South Africa -
"At least get the background before you see the attorney and it might even be enough."
Balefyre (Pty) Ltd -
"I have found the product exactly what I wanted and the notes helpful - as well as it being easy to locate, buy and download. There should be a better way of making your product more widely known. I have recently had experience of a tailor-made lease and this left a lot to be desired - whereas your product is well researched and ticks all the boxes."
Ted