The Manufacturing And Supply Agreement is essential for businesses establishing long-term manufacturing and supply relationships under Belgian law. This document is typically used when a company needs to secure a reliable source of manufactured products, components, or materials through a formalized contractual arrangement. It addresses crucial aspects such as manufacturing specifications, quality standards, delivery terms, pricing, and regulatory compliance under both Belgian and EU frameworks. The agreement is particularly important in situations requiring consistent product quality, regular supply schedules, and clear allocation of responsibilities between parties. It incorporates necessary protections for intellectual property, confidential information, and product liability while ensuring compliance with Belgian commercial law and relevant EU directives.
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1. Parties: Identification of the manufacturer and buyer, including full legal names and registered addresses
2. Background: Context of the agreement, including the manufacturer's expertise and buyer's requirements
3. Definitions: Definitions of key terms used throughout the agreement
4. Manufacturing Obligations: Core manufacturing requirements, processes, and standards
5. Supply Obligations: Delivery terms, quantities, and supply chain requirements
6. Quality Requirements: Quality standards, testing procedures, and acceptance criteria
7. Ordering Process: Procedures for placing and confirming orders, lead times
8. Prices and Payment: Pricing structure, payment terms, and invoicing procedures
9. Title and Risk: Transfer of ownership and risk in the products
10. Warranties: Product warranties and quality guarantees
11. Intellectual Property: IP ownership, licenses, and protection measures
12. Confidentiality: Protection of confidential information and trade secrets
13. Term and Termination: Duration of agreement and termination provisions
14. Force Majeure: Provisions for unforeseen circumstances affecting performance
15. Governing Law and Jurisdiction: Application of Belgian law and dispute resolution procedures
1. Exclusivity: Used when parties agree to exclusive manufacturing or supply arrangements
2. Minimum Purchase Commitments: Include when buyer commits to minimum order quantities
3. Tooling and Equipment: Required when specific manufacturing equipment or tools are provided by either party
4. Environmental Compliance: Include detailed environmental requirements if manufacturing involves sensitive processes
5. Research and Development: Used when parties collaborate on product development
6. Change Management: Include when regular product or specification changes are anticipated
7. Insurance Requirements: Detailed insurance obligations beyond standard coverage
8. Disaster Recovery: Include for critical supply relationships requiring business continuity planning
9. Compliance with Ethics and Anti-Corruption: Required for international trade or public sector supplies
1. Product Specifications: Detailed technical specifications of products to be manufactured
2. Quality Standards and Testing Procedures: Specific quality requirements and testing protocols
3. Pricing Schedule: Detailed pricing structure, including volume discounts and price adjustment mechanisms
4. Manufacturing Facility Requirements: Specifications for manufacturing facilities and processes
5. Key Performance Indicators: Metrics for measuring manufacturing and supply performance
6. Service Levels: Detailed service level requirements and remedies
7. Approved Subcontractors: List of approved subcontractors if applicable
8. Form of Purchase Order: Standard form for placing orders
9. Technical Documentation Requirements: Requirements for product documentation and certificates
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