The Tooling Agreement is essential for manufacturing operations where specialized tools, dies, molds, or other equipment are required for production processes. This document, governed by Belgian law, establishes the legal framework for the design, manufacture, supply, and maintenance of industrial tooling between manufacturers and suppliers. It is particularly crucial when significant investment is involved in custom tooling, addressing key aspects such as ownership rights, quality standards, maintenance obligations, and liability allocation. The agreement ensures compliance with Belgian civil and commercial law requirements, including provisions for industrial property rights and safety regulations. Companies should use this Tooling Agreement when commissioning new production tools, establishing long-term tooling relationships, or managing existing tool maintenance arrangements.
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1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and business relationship
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Description of tooling, services, and deliverables covered
5. Ordering Process: Procedures for ordering tools and related services
6. Delivery and Acceptance: Terms regarding delivery, inspection, and acceptance of tools
7. Price and Payment: Pricing structure, payment terms, and invoicing procedures
8. Title and Risk: Transfer of ownership and risk allocation
9. Intellectual Property Rights: Ownership and usage rights of designs, specifications, and related IP
10. Quality Requirements: Quality standards, testing procedures, and acceptance criteria
11. Warranties: Warranties regarding tool quality, performance, and compliance
12. Tool Maintenance and Storage: Obligations regarding maintenance, storage, and preservation of tools
13. Term and Termination: Duration of agreement and termination provisions
14. Liability and Indemnification: Allocation of risks and responsibilities between parties
15. Confidentiality: Protection of confidential information and trade secrets
16. Force Majeure: Provisions for unforeseen circumstances and their handling
17. General Provisions: Standard legal provisions including notices, amendments, and governing law
1. Design Services: Include when supplier is responsible for tool design
2. Tool Storage at Supplier Facility: Include when tools will be stored at supplier's premises
3. Shared Ownership Provisions: Include when tools will be jointly owned
4. Quality Certification Requirements: Include when specific quality certifications are required
5. Export Control: Include when tools or technology are subject to export restrictions
6. Environmental Compliance: Include when specific environmental standards must be met
7. Training and Support: Include when supplier must provide training on tool usage
8. Insurance Requirements: Include when specific insurance coverage is needed for high-value tools
1. Schedule 1 - Tool Specifications: Detailed technical specifications of tools
2. Schedule 2 - Pricing Schedule: Detailed pricing information and payment terms
3. Schedule 3 - Quality Standards: Specific quality requirements and testing procedures
4. Schedule 4 - Maintenance Procedures: Detailed maintenance requirements and schedules
5. Schedule 5 - Acceptance Criteria: Specific criteria for tool acceptance
6. Schedule 6 - Service Level Agreement: Performance metrics and service levels
7. Appendix A - Tool Drawings: Technical drawings and designs
8. Appendix B - Contact Details: Key contacts for both parties
Authors
Relevant legal definitions
Clauses
Relevant Industries
Manufacturing
Automotive
Aerospace
Electronics
Industrial Equipment
Medical Devices
Plastics and Molding
Metal Fabrication
Consumer Goods
Defense
Relevant Teams
Legal
Procurement
Manufacturing
Operations
Quality Assurance
Engineering
Supply Chain
Finance
Technical Operations
Research & Development
Maintenance
Project Management
Relevant Roles
Procurement Manager
Supply Chain Director
Manufacturing Engineer
Quality Assurance Manager
Production Manager
Operations Director
Technical Director
Legal Counsel
Contract Manager
Chief Operations Officer
Tooling Engineer
Industrial Designer
Project Manager
Maintenance Manager
Finance Director
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