MANUFACTURING CONTRACT
INTRODUCTION
THIS MANUFACTURING AGREEMENT (hereinafter, “this Agreement”), effective as of [DATE], is made and entered into by and between
[NAME OF THE COMPANY], of [ADDRESS] (hereinafter “the Company”),
And
[NAME OF THE MANUFACTURER] of address [ADDRESS] (hereinafter, “Manufacturer”).
Whereas, Company deals in clothing, and
Whereas, Manufacturer offers MANUFACTURING SERVICES, and
Whereas, Manufacturer offers to manufacture products under the provision of this agreement.
Now, therefore, in consideration of the foregoing premises, and of the mutual promises and covenants herein contained, the parties, intending to be legally bound, do hereby agree as follows:
- MANUFACTURER’S OBLIGATIONS
While fulfilling their duty under this Agreement, the Manufacturer agrees to respect the Intellectual Property laws regarding the Company’s products. The Manufacturer agrees to avoid any conduct that may infringe the Intellectual Property rights of the Company.
Further, the Manufacturer agrees to follow the Non-Disclosure Agreement and Non-Compete laws in regard to the Company’s designs, content, processes or intellectual properties
Manufacturer also agrees that this Agreement has been entered into at will.
- Company’s Obligations
The Company agrees to compensate the Manufacturer for fulfilling their duty under this Agreement.
- TERMINATION
Either Party to this Agreement may terminate this Agreement upon a written notice of termination to the other Party. Unless otherwise mutually agreed to in writing, upon the termination of this Agreement, any arrangement for Services then in effect will immediately terminate.
- TERM
The term of this Agreement commences on [STARTING DATE] and continues until [END DATE] until otherwise terminated by the parties.
- NON-PERFORMANCE
If the Contractor is rendered unable, wholly or in part, by reason of a Force Majeure Event to perform obligations under this Agreement, then such the Contractor’s obligations SHALL be suspended to the extent affected by the Force Majeure Event.
If the Contractor fails to comply with any of their obligations set forth in this Agreement and such failure results in the imposition of additional Taxes, or suffering of any loss, the non-performing Contractor SHALL be liable in full for such additional Taxes and losses.
- RELATIONSHIP
The Contractor SHALL act as an independent Contractor and in no way shall be considered an employee of the The Company.
The Contractor SHALL be responsible for payment of taxes, insurance, and other obligations relating to its performance of services under this Agreement.
The Contractor DOES NOT have any express or implied power to enter any contracts or commitments or to incur liabilities in the name of, or on behalf of, the Company, or to bind the Company in any respect whatsoever.
- CONFIDENTIALITY
The Parties to this contract acknowledge that the existence and the terms of this Agreement and any oral or written information exchanged between the Parties in connection with the preparation and performance of this Agreement are regarded as confidential information.
Each Party shall maintain confidentiality of all such confidential information, and without obtaining the written consent of the other Party, it shall not disclose any relevant confidential information to any third parties, except for the information that:
(a) is or will be in the public domain (other than through the receiving Party’s unauthorized disclosure);
(b) is under the obligation to be disclosed pursuant to the applicable laws or regulations, rules of any stock exchange, or orders of the court or other government authorities; or
(c) is required to be disclosed by any Party to its shareholders, investors, legal counsels or financial advisors regarding the transaction contemplated hereunder, provided that such shareholders, investors, legal counsels or financial advisors shall be bound by the confidentiality obligations similar to those set forth in this clause. Disclosure of any confidential information by the staff members or agencies hired by any Party shall be deemed disclosure of such confidential information by such Party, which Party shall be held liable for breach of this Agreement. This Section shall survive the termination of this Agreement for any reason.
- DISPUTES
Except as otherwise specifically agreed in writing by [NAME OF THE CONTRACTOR] and the Company, any dispute relating to any rights and/ or obligations arising in this Agreement which is not resolved by the parties shall be adjudicated by any court of competent jurisdiction.
- ENTIRETY
This contract represents the entire agreement between the two parties and supersedes any previous written or oral agreement. This agreement may be modified at any time, provided the written consent of both the Company and Manufacturer.
- SEVERABILITY
The parties agree that if any portion of this contract is found to be void or unenforceable, it shall be struck from the record and the remaining provisions will retain their full force and effect.
- JURISDICTION
This contract shall be governed, interpreted, and construed in accordance with the laws of [STATE, PROVINCE OR TERRITORY].
In Witness Whereof, this Agreement is duly executed by the duly authorized representatives of the parties as set forth below:
___________________________________ ___________________________
Manufacturer’s Signature Date
___________________________________ ___________________________
Company Official Signature Date
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