The Manufacturing Supplier Contract is essential for businesses requiring external manufacturing services or establishing manufacturing supply relationships in Austria. This document is particularly important in the Austrian business context, where manufacturing relationships must comply with both national laws (including the UGB and ABGB) and EU regulations. The contract serves as a comprehensive framework defining the manufacturing relationship, including detailed specifications for production, quality standards, delivery requirements, and commercial terms. It's designed to protect both parties' interests while ensuring compliance with Austrian manufacturing, safety, and quality standards. The document is typically used when establishing new manufacturing relationships or formalizing existing ones, and includes provisions for ongoing supply arrangements, quality control, risk allocation, and dispute resolution under Austrian jurisdiction.
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1. Parties: Identification and details of the manufacturer and the customer, including registration numbers and authorized representatives
2. Background: Context of the manufacturing relationship and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Supply: Detailed description of products to be manufactured and services to be provided
5. Manufacturing Standards and Quality Requirements: Quality control procedures, compliance with industry standards, and acceptance criteria
6. Order Process and Forecasting: Procedures for placing orders, lead times, and forecast requirements
7. Pricing and Payment Terms: Pricing structure, payment terms, invoicing procedures, and price adjustment mechanisms
8. Delivery and Logistics: Delivery terms, shipping arrangements, and transfer of risk provisions
9. Warranties and Quality Assurance: Product warranties, quality guarantees, and remedies for defective products
10. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations
11. Term and Termination: Duration of agreement, renewal provisions, and termination rights
12. Confidentiality: Protection of confidential information and trade secrets
13. Force Majeure: Provisions for handling events beyond parties' reasonable control
14. Governing Law and Dispute Resolution: Choice of Austrian law and dispute resolution mechanisms
1. Intellectual Property Rights: Used when the manufacturing process involves creation or use of intellectual property, including ownership and licensing provisions
2. Tooling and Equipment: Include when specific tools or equipment are provided by either party for the manufacturing process
3. Environmental Compliance: Required when manufacturing processes have significant environmental impact or require specific environmental certifications
4. Customs and Export Control: Necessary for cross-border manufacturing relationships involving import/export considerations
5. Insurance Requirements: Detailed insurance obligations when specific coverage types and amounts need to be maintained
6. Change Management: Include when frequent product or process changes are anticipated
7. Business Continuity: Important for critical supply relationships requiring disaster recovery and business continuity plans
8. Subcontracting: Include when subcontracting may be required or needs to be restricted
9. Data Protection: Required when personal data processing is involved in the manufacturing relationship
1. Schedule 1 - Product Specifications: Detailed technical specifications of products to be manufactured
2. Schedule 2 - Pricing Schedule: Detailed pricing information, including volume discounts and cost adjustment formulas
3. Schedule 3 - Quality Control Procedures: Specific quality control processes, testing requirements, and acceptance criteria
4. Schedule 4 - Service Levels: Performance metrics, KPIs, and associated penalties/bonuses
5. Schedule 5 - Manufacturing Facility Requirements: Specifications for manufacturing facilities and equipment
6. Appendix A - Order Form Template: Standard form for placing orders under the agreement
7. Appendix B - Testing and Acceptance Procedures: Detailed procedures for product testing and acceptance
8. Appendix C - Compliance Certificates: Required certifications and compliance documentation
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