Draft an OEM agreement for long-term, continuous or regular supply of goods where the Buyer can use or resell the goods under its own brand. The agreement is in favour of the Seller. Ensure compliance and secure long-term business success.
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This document is an agreement between a buyer and a seller for the purchase and supply of products. The agreement stipulates that the seller will make the products available to the buyer upon the buyer's order. The buyer must only use the products for a legitimate purpose and the seller is not obliged to give the buyer priority over other buyers.
The agreement also includes a purchase order provision where the buyer must transmit a written purchase order to the seller at a specific address. The purchase order should specify the quantity, requested delivery schedule, price, and shipping instructions. The agreement also includes a forecast and ordering procedure. The buyer shall provide written estimates of product orders to the seller two months before the calendar year and eight weeks before the month. The seller can sell products to a third party if the products are not picked up by the buyer's carrier within 30 days following the scheduled delivery date. If the products cannot be sold, the seller will recover the full value of the products from the buyer. The agreement also includes clauses for definitions, force majeure, and minimum orders.
This document outlines an agreement between a Seller and a Buyer for the supply and purchase of products. To use this agreement, follow these steps:
1. Definitions: Before proceeding, familiarise yourself with the definitions of the terms used in the agreement.
2. Supply and Purchase: The Seller shall sell and the Buyer shall purchase such quantities of the Products as may be ordered by the Buyer from time to time.
3. Purchase Orders: The Buyer shall transmit a written purchase order to the Seller for any Product they wish to purchase. The purchase order shall set out the identity and quantity of Products to be purchased, the requested delivery schedule, Prices, and shipping instructions.
4. Forecast and Ordering Procedure: The Buyer shall submit forecast data to the Seller, which is a planning document to assist the Seller in planning its manufacturing capacity and material requirements to meet the Buyer's demand of Products.
This agreement is legally binding, and it is essential that both parties agree to its terms before proceeding with any supply and purchase of products. The definitions provided in the agreement must be understood before initiating any purchase orders. Once the definitions are understood, the Buyer must submit a written purchase order that includes details of the Products to be purchased, delivery schedule, Prices, and shipping instructions. Any pre-printed terms on the Buyer's purchase order or specifications that are inconsistent with any provision of this Agreement shall be wholly inapplicable. The Buyer shall submit forecast data to the Seller, which is a planning document to assist the Seller in planning its manufacturing capacity and material requirements to meet the Buyer's demand of Products.
This agreement is designed to ensure the Seller has sufficient time to produce the Products and allows the Buyer to make informed decisions about when and how to place orders. By using this agreement, both parties can work together to ensure a steady supply of Products, allowing the Buyer to meet its needs while enabling the Seller to remain competitive. It is essential to understand the definitions and follow the necessary steps to ensure a smooth supply and purchase of products.