The Manufacturer and Supplier Agreement is essential for businesses engaging in manufacturing relationships under Belgian law. It is typically used when one party (the manufacturer) agrees to produce specific goods for another party (the supplier) according to predetermined specifications and quality standards. This document is crucial for industries requiring consistent product quality, reliable supply chains, and clear accountability structures. The agreement incorporates Belgian legal requirements, including provisions from the Belgian Civil Code and Code of Economic Law, while addressing practical business needs such as forecasting, ordering processes, and quality control procedures. It's particularly relevant for cross-border manufacturing relationships where Belgian law provides the governing framework, ensuring compliance with both local and EU regulations. The document should be tailored to specific industry requirements while maintaining core elements necessary for a robust manufacturing relationship.
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1. Parties: Identification and details of the manufacturer and supplier, including registered offices and company numbers
2. Background: Context of the agreement and brief description of parties' business activities
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Overall purpose and scope of the manufacturing and supply relationship
5. Manufacturing Obligations: Manufacturer's core obligations, including production requirements and standards
6. Quality Requirements: Quality control processes, testing procedures, and acceptance criteria
7. Supply and Delivery Terms: Delivery schedules, logistics, and shipping terms
8. Pricing and Payment: Price determination, payment terms, and invoicing procedures
9. Forecasting and Orders: Process for forecasting requirements and placing orders
10. Warranties: Product warranties and quality guarantees
11. Intellectual Property Rights: Ownership and usage rights of IP related to the products
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: Confirmation of Belgian law application and dispute resolution procedures
1. Regulatory Compliance: Specific regulatory requirements when products are subject to special regulations (e.g., medical devices, food products)
2. Environmental Compliance: Environmental standards and requirements when manufacturing involves environmental considerations
3. Insurance Requirements: Specific insurance obligations beyond standard coverage
4. Exclusivity: Exclusive manufacturing or supply arrangements when parties agree to exclusive relationships
5. Technology Transfer: Provisions for technology or know-how transfer when required for manufacturing
6. Tooling and Equipment: Provisions regarding specialized equipment or tooling when required for manufacturing
7. Business Continuity: Disaster recovery and business continuity requirements for critical supply relationships
8. Data Protection: GDPR compliance provisions when personal data processing is involved
1. Product Specifications: Detailed technical specifications of products to be manufactured
2. Quality Standards: Specific quality requirements, testing procedures, and acceptance criteria
3. Pricing Schedule: Detailed pricing structure, including any volume discounts or price adjustment mechanisms
4. Service Levels: Performance metrics and service level requirements
5. Manufacturing Facilities: List and details of approved manufacturing locations
6. Key Personnel: List of key contacts and responsible personnel from both parties
7. Approved Subcontractors: List of approved subcontractors if subcontracting is permitted
8. Form of Purchase Order: Template for purchase orders to be used under the agreement
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