Manufacturing contract: short version

This manufacturing agreement is for use by any business, for any product. Use for engineered product, clothes, furniture or anything else. The key point is that you are not instructing the manufacturer to finalise design work or add value but simply to make the product. It is an umbrella version suitable for either a single instruction, or for multiple or continuing orders.

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About this manufacturing agreement

This agreement covers a deal in simple terms you can edit yourself. You know what you want and how to specify it. You need a local manufacturer to make it up for you. This may be a sub contract or maybe you do not have the required facilities.

The product could be anything. What it is and what you want is to be set out in your specification.

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

The law in this agreement

There is little statute law to regulate this agreement so it relies on common law: contract, tort, and so on.

Of course, there are regulations affecting your product. We have provided for your manufacturer to comply with specific, exact requirements you have set out in a schedule.

Contents of this manufacturing 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
  • Product testing
  • Packaging and delivery
  • Production price
  • Manufacturer’s warranties
  • Use of sub-contractors
  • Dealing with defective goods
  • Option to prevent change of control of their business
  • Confidential Information, including your intellectual property
Draftsman

This document was written by a solicitor for Net Lawman. It complies with current South Africa law.

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