White Label Product Agreement
Branding plays an important role in the resale of goods. A recognisable brand goes a long way toward building up consumer trust in a business and establishes consistency in a product range. It is often desirable to establish an “own brand”, particularly when seeking to establish an online presence or a chain of retail stores.
It is not always viable or desirable to manufacture your own products, particularly when seeking to provide a broad range of products. In many cases, this never presents a problem. Retailers simply sell products manufactured and branded by other companies. In certain cases, however, white labelling may be an option.
This White Label Product Agreement provides for such a situation. A contract between a manufacturer and a reseller, this document governs the production of a product by the manufacturer and the application of the reseller’s branding thereto.
Detailed provisions in this agreement govern the specification of the product and its manufacture, the production of packaging and documentation, the provision of product warranties, repair services and customer support, particulars relating to orders and pricing, and intellectual property both in terms of designs, patents etc. applying to the product and of trade marks, copyright etc. applying to the reseller’s branding.
A number of schedules to the agreement allow users considerable flexibility and freedom to define the substantive elements of the contract such as the product specification, packaging designs, manufacturing processes, customer support systems, orders, pricing and product warranties.
This document contains a number of optional phrases and clauses which are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This White Label Product Agreement contains the following clauses:
1. Definitions and Interpretation
2. Nature of Agreement
3. Product Specification
4. Application of Branding
5. Manufacture, Standards and Quality Control
6. Rejection and Return
8. End-User Documentation
10. Cancellation of Orders
11. Price and Payment
12. Risk and Retention of Title
13. Manufacturer’s Intellectual Property
14. Reseller’s Intellectual Property
15. Customer Support
17. Product Warranty
19. Manufacturer’s Warranties and Representations
20. Reseller’s Warranties and Representations
23. Term and Termination
25. Force Majeure
26. No Waiver
28. Entire Agreement
29. Law and Jurisdiction
And the following schedules:
1. The Product
2. The Branding
3. Manufacturing Standards & Quality Control
4. Manufacturing Process
6. End-User Documentation
9. Manufacturer’s Intellectual Property
10. Customer Support
12. Product Warranty
14. Product Liability, Insurance & Compensation
This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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