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Private Label Manufacturing Agreement Template for England and Wales

A Private Label Manufacturing Agreement under English and Welsh law is a legally binding contract between a manufacturer and a brand owner, where the manufacturer agrees to produce products according to specified requirements for the brand owner to sell under their own brand name. The agreement covers crucial aspects such as manufacturing specifications, quality standards, intellectual property rights, pricing, and regulatory compliance. It provides protection for both parties while ensuring clear guidelines for the manufacturing relationship.

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What is a Private Label Manufacturing Agreement?

The Private Label Manufacturing Agreement is essential when a company wants to outsource the production of their branded products to a third-party manufacturer. This agreement, governed by English and Welsh law, establishes the framework for the manufacturing relationship, including product specifications, quality requirements, intellectual property protection, and compliance with relevant regulations. It's particularly important for businesses looking to expand their product range without investing in manufacturing facilities, while maintaining control over their brand and product quality.

What sections should be included in a Private Label Manufacturing Agreement?

1. Parties: Details of the manufacturer and the company commissioning the private label products

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement

4. Manufacturing Obligations: Core manufacturing requirements, specifications, and standards

5. Quality Control: Quality assurance processes, testing requirements, and acceptance criteria

6. Intellectual Property Rights: Ownership and usage rights of trademarks, designs, and other IP

7. Pricing and Payment Terms: Price structure, payment schedule, and related terms

8. Term and Termination: Duration of agreement and termination provisions

9. Confidentiality: Protection of confidential information and trade secrets

10. Warranties and Indemnities: Product warranties and indemnification obligations

What sections are optional to include in a Private Label Manufacturing Agreement?

1. Minimum Order Requirements: Specific order volumes and forecasting requirements - use when there are minimum production quantities needed for efficiency

2. Exclusivity Provisions: Terms regarding exclusive manufacturing rights - use when exclusive manufacturing arrangements are required

3. Storage and Warehousing: Requirements for storage of materials and finished products - use when the manufacturer provides storage services

4. Insurance Requirements: Specific insurance coverage requirements - use when particular insurance coverage is needed beyond standard provisions

5. Compliance with Specific Regulations: Industry-specific regulatory requirements - use for regulated industries (e.g., food, pharmaceuticals)

What schedules should be included in a Private Label Manufacturing Agreement?

1. Product Specifications: Detailed technical specifications for products

2. Quality Standards: Specific quality control procedures and requirements

3. Pricing Schedule: Detailed pricing structure and volume-based pricing

4. Manufacturing Process: Detailed manufacturing procedures and requirements

5. Approved Suppliers: List of approved raw material suppliers

6. Brand Guidelines: Specifications for use of trademarks and branding

7. Service Level Agreement: Performance metrics and service levels

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use

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