This product supply agreement template has 15 pages and is a MS Word file type listed under our sales & marketing documents.
Sample of our product supply agreement template:
PRODUCT SUPPLY AGREEMENT This Product Supply Agreement (the "Agreement") is effective [DATE], BETWEEN: [FIRST PARTY NAME] (the "First Party"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME] (the "Second Party"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [THIRD PARTY NAME] (the "Third Party"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] For good and valuable consideration, the receipt and legal sufficiency of which are hereby expressly acknowledged, the parties hereto agree as follows: WHEREAS First Party is a [COUNTRY] manufacturer and distributor of [DESCRIBE] and related products; AND WHEREAS Second Party and Third Party are in the business of [DESCRIBE]; AND WHEREAS First Party, Second Party and Third Party wish to enter into this Agreement to provide for the [DESCRIBE PRODUCT]'s by Second Party and Third Party on behalf of First Party; NOW THEREFORE, in consideration of the premises and the covenants and agreements herein contained, the parties hereto agree as follows: INTERPRETATION Definitions In this Agreement, unless something in the subject matter or context is inconsistent therewith: "Affiliate" has the meaning ascribed thereto in the [COUNTRY] [Business Corporations ACT/LAW/RULE], as amended from time to time. "Agreement" means this agreement and all amendments made hereto by written agreement between First Party and one or both of Second Party and Third party. "Business Day" means a day other than a Saturday, Sunday or a statutory holiday in either the Province of [STATE/PROVINCE]. "Control" has the meaning ascribed thereto in the [COUNTRY] Business Corporations [ACT/LAW/RULE], as amended from time to time. "Customer" means any customer of First Party or any of its Affiliates as the date of termination or expiration of the Term hereof or any renewal thereof or during the [NUMBER] month period immediately preceding such date. "Fees" means the various fees set out in Schedule [SPECIFY] hereto. "Products" means: First Party's [DESCRIBE] (the "Initial Products"); and such other [DESCRIBE] sold by First Party as the parties may from time to time agree, both acting reasonably, (the "Other Products"). "Purchase Order" has the meaning attributed thereto in Section 2.3. "Subsidiary" has the meaning ascribed thereto in the [COUNTRY] Business Corporations [ACT/LAW/RULE], as amended from time to time. "Specifications" means the specifications for the Initial Products attached as Schedule A hereto, as the same may be amended by mutual agreement between the parties from time to time and the specifications for the Other Products as agreed to between the parties in writing from time to time. "Supplier" means collectively Second Party and Third Party and each of them. "Territory" means the Provinces and Territories of [COUNTRY]. Headings The division of this Agreement into Articles and Sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. The terms "this Agreement", "hereof", "hereunder" and similar expressions refer to this Agreement and not to any particular Article, Section or other portion hereof and include any agreement supplemental hereto. Unless something in the subject matter or context is inconsistent therewith, references herein to Articles and Sections are to Articles and Sections of this Agreement. Extended In this Agreement words importing the singular number only include the plural and vice versa, words importing any gender include all genders and words importing persons include individuals, partnerships, associations, trusts, unincorporated organizations and corporations. Currency All references to currency herein are to lawful money of [COUNTRY]. Schedules The following are the Schedules attached hereto and incorporated by reference and deemed to be part hereof: Schedule A Specifications for Initial Products Schedule B Fees MANUFACTURE Manufacture Subject to the terms and conditions herein contained, the Supplier shall [SPECIFY] for First Party such quantity of [DESCRIBE] for the Initial Products as First Party may from time to time order, and First Party shall pay to the Supplier the Fees set out in Schedule B hereto in respect of such Initial Products. First Party shall supply all raw materials and purchase and make available to the Supplier all hardware and plastic required for the production of the Initial Products, provided however that First Party shall retain ownership of all such raw materials as well as all tooling required for use by the Supplier for purposes of [SPECIFY] the Initial Products. First Party shall retain ownership of all plastic trimmings resulting from [SPECIFY] of the Initial Products and shall pay to the Supplier the Fees set out in Schedule B hereto for regrinding same. The Supplier shall establish, at its expense, [SPECIFY] for the Initial Products, [DESCRIBE PRODUCT] [NUMBER] series. First Party shall pay to Second Party the sum of [AMOUNT] for [SPECIFY] which shall be and remain the property of [SPECIFY] throughout the Term and following the termination of this Agreement. Subject to the terms and conditions herein contained, First Party may from time to time request that the Supplier provide [SPECIFY] services in respect of Other Products and the Supplier shall use its reasonable best efforts to supply such services in respect of such Other Products, provided however that they shall not do so if same would hinder their ability to provide [SPECIFY] services in respect of the Initial Products. Quantity The Supplier shall manufacture or cause to be manufactured all such quantities of Initial Products as may be ordered by First Party from time to time, provided that First Party shall order not less than (i) [NUMBER] units of Initial Products from the Supplier during the [NUMBER] year of the Term and (ii) [NUMBER] of units of Initial Products from the Supplier during the [NUMBER] year of the Term, there being however no guaranteed minimum number of orders of Initial Products thereafter and no maximum number of Initial Products at any time during the Term. Orders First Party shall provide reasonable notice to the Supplier in advance of the date of the proposed delivery of the types and quantities of Products that shall be required by First Party (the "Purchase Order"). SPECIFICATIONS Specifications The Supplier shall ensure that all Products produced by it for First Party in accordance with the terms hereof meet the Specifications for such Products and shall not deliver to First Party, its agents or its customers any Product that fails to meet the Specifications. Quality Control The Supplier shall be responsible for ensuring that all raw, packaging and other materials (other than those provided by First Party used in manufacturing the Products meet the quality specified in the Specifications and that the Products shall be merchantable and fit for their intended purpose. The Supplier shall be responsible for the sampling and testing of all raw, packaging and other materials and finished Products in accordance with good manufacturing practices and procedures. Failure of Product to Meet Specifications First Party reserves the right at any time, either before or after delivery to First Party of Products, to reject Products that have not been produced, packaged or stored in compliance with the Specifications or that have any detect. Without limiting the generality of the foregoing:
