Manufacturing contract: manufacturer side, 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 simple deal where you instruct a manufacturer to make a part or product to your exact specification.

The item might be made by one or more processes (such as vacuum forming, or water jet cutting and then bending). It may use materials or parts you supply. However, unlike in the longer version of this contract, you have no requirement for the manufacturer to carry out other services, such as design, material choice, finishing, or individual packaging. 
 
You may be a manufacturer yourself subcontracting for the production of a part for which you do not have the required facilities, or the item might be simple enough so that you simply do not need services other than production.
 
The product could be anything. What it is and what you want is to be set out in your specification.

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
  • delivery
  • production price
  • use of sub-contractors
  • defective goods
  • option to prevent change of control of their business
  • confidential Information, including intellectual property
Draftsman

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

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