Manufacturing agreement—pro-customer
Produced in partnership with Tim Wright of Fladgate

The following Commercial precedent produced in partnership with Tim Wright of Fladgate provides comprehensive and up to date legal information covering:

  • Manufacturing agreement—pro-customer
  • Background:
  • 1 Definitions and interpretation
  • 2 Manufacturer obligations
  • 3 Exclusivity
  • 4 Samples
  • 5 Forecasts
  • 6 Orders
  • 7 Delivery
  • 8 Title and risk in the product
  • More...

Manufacturing agreement—pro-customer

This Agreement is made on [insert date]

parties

  1. 1

    [insert name of customer ][of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at ][insert address] (Customer); and

  1. 2

    [insert name of manufacturer][ of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at ][insert address] (Manufacturer).

(each of the Customer and the Manufacturer being a party and together the Customer and the Manufacturer are the parties).

Background:

    1. (A)

      The Customer Group [manufactures, distributes and sells [insert]].

    1. (B)

      The Manufacturer has the facilities, production capacity, technical knowledge, skills and experience to manufacture the Product.

    1. (C)

      The Customer wishes to purchase, and the Manufacturer wishes to Manufacture and sell to the Customer, the Product on the terms and conditions of this Agreement.

    1. (D)

      The Customer shall place orders for the Product, the Manufacturer shall supply the Customer with such Product and the Customer shall pay the Price for the Product, in accordance with the terms and conditions of this Agreement.

The parties agree:

    1. 1

      Definitions and interpretation

      In this Agreement:

      Affiliate

      1. means any entity that directly or indirectly Controls, is Controlled by or is under common Control with, another entity;

      Agreed Price Period

      1. means the Initial Agreed Price Period and subsequent consecutive periods of [insert];

      Agreement

      1. means this Manufacturing Agreement including the Schedules;

      Applicable Laws

      1. means[, without prejudice to Schedule

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