This Design and Packaging Agreement is made between a product manufacturer and a
company that designs and produces packaging for products. This document sets forth
the material terms and conditions of the agreement including packaging specifications,
quality assurance standards and payment details. It contains numerous standard terms
and may be customized to address the specific needs of the contracting parties. This
document should be useful to product manufacturers and packaging companies when
entering into a design and packaging agreement.
DESIGN AND PACKAGING AGREEMENT
THIS AGREEMENT, is made effective ____________, 201___ (“Commencement
Date”) , between _____________________________ [NAME OF
MANUFACTURER] (hereinafter, "Client") with its principle place of business at
_______________ [PROVIDE BUSINESS ADDRESS OF MANUFACTURER] and
_______________________[NAME OF BUSINESS THAT IS PROVIDING THE
PACKAGING AND/OR PROCESSING SERVICES] with its principle place of
business at ___________________[ADDRESS OF BUSINESS PROVIDING THE
SERVICE] (hereinafter, "Company").
WITNESSETH: WHEREAS, Company processes and packages for sale a variety of
___________________ [DESCRIPTION OF PRODUCT(S) TO BE PACKAGED]
using specialized packaging equipment; and
WHEREAS, Client wishes to have Company process and package certain products,
described as: ________________ {Instruction: Provide description of all products and
goods that Company will process and/or package for Client}. This processing and/or
packaging will be using Client's unique formulae for such products and unique label
designs for the packaging thereof at Company's plant at ____________________
[PROVIDE ADDRESS FOR THE PLANT WHERE PRODUCTS WILL BE
PACKAGED/PROCESSED](hereinafter, "The Plant"),
NOW THEREFORE, in consideration of the premises and mutual promises hereinafter
set forth and intending to be legally bound, the PARTIES HERETO AGREE AS
FOLLOWS:
1. PRODUCTS: Subject to the terms and conditions of this Agreement, Company shall
prepare, manufacture, process, package and load for shipping for Client the product(s)
listed in Exhibit A (hereinafter, "Products"). Client-supplied Materials (if any) shall be
provided to Company in such quantities and at such times so as to enable Company to
perform its obligations hereunder
2. PRODUCT SPECIFICATIONS: Company agrees to produce Products in accordance
with quality assurance standards and policies as set forth in Exhibit A hereto. Client
reserves the right to modify the packing specifications and formulae of the Products and
the formulae or specifications of the materials it supplies, upon written notice to
Company provided that if such an alteration or modification acceptable to Company,
results in increased costs to Company or results in decreased costs to Company, the
payments set forth in Exhibit B shall be adjusted upward or downward as shall be
mutually agreed upon between the parties to reflect such actual increase or decrease in
costs.
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3 TERM: This Agreement shall commence on the Commencement Date and continue for
____years.
{Instruction: If parties want, a Renewal Term may be added here. Sample language
might be: "This Agreement may be extended for a term of _____ months/years. Such
extension must be in writing, signed by both parties. The terms of an extension shall
be identical to the terms of this contract, unless any diviations are specified in a written
form that is signed and executed by both parties."}
4. PRODUCTION: The parties acknowledge that production under this Agreement shall
be conducted based on orders placed by Client, provided, however, that Company shall
use its best efforts to fulfill orders and that the terms herein shall govern the performance
of any and all orders. Client agrees to schedule production in minimum amounts of
flavour_______________.
5. PROJECTION: Client will provide Company with a three (3) month rolling
projection of Client's production requirements which may be revised monthly and
submitted to Company not later than the ____ day of the day of the month preceding the
three-month period covered by the projection. Client agrees that orders for production
shall provide a mini