OEM Agreement Template

If you're looking to use quality components for your products under your brand, our OEM Agreement Template will surely help you. Its professionally written content provides a platform that allows you to outline your terms easily. What's more, this template is also highly customizable to let you tailor your agreement according to your specifications. Convenient and portable, you can make copies of your OEM Agreement in any file format and in any device that you and your vendor use. So click that download button and grab this template now!

OEM AGREEMENT

Parties

This OEM AGREEMENT (“Agreement”), dated [July 24, 2020], is made by and between [Oscar J. Sawyer] of [Sawyer Bicycle Components Inc.] (“Manufacturer”) and [Tom H. Wilder] of [Wilder & Company Bicycles] (“Client”).
 
In consideration of the mutual promises and covenants in this Agreement, of which the receipt and sufficiency are hereby acknowledged, the Parties further agree to the terms as follows:

Original Equipment Manufacturing

The Manufacturer agrees to manufacture the following products (“Products”) in a timely, efficient, and professional manner:
 
Bicycle Groupset consisting of Freewheel Cogs, 2x Cranksets, Sealed Bottom Brackets, Rear, and Front Derailleurs for the Client’s latest line of Road Bikes, which shall bear the Client’s Brand Name. The quantity and specifications of the Products are detailed in an attachment to this Document.
 
The Client agrees to receive the Manufacturers Products under the terms and conditions outlined in this Agreement, as follows.

Terms and Conditions

• TERM

This Agreement will be effective starting [July 25, 2020], and will continue in full force until its termination date which is [July 25, 2021] (“Term”). The Agreement may be terminated earlier by the Parties upon agreement.

• PAYMENT TERM

The Parties agree that payment for the total contract price will be made upon signing this Agreement. The Parties further agree that the payment for every subsequent delivery will be on an ordered quantity basis. Payment for both the contract price and subsequent deliveries will be in methods convenient to both Parties.

• ORDER AND DELIVERY

The Parties agree that all order requests and processing will be done electronically. The Manufacturer is obliged to deliver the Client’s purchase order if they fail to reject the order request [five (5)] days after its receipt. Furthermore, the Client agrees to provide the Manufacturer with a rolling forecast of anticipating orders.

• PRICING AND QUANTITY

The Parties agree that the Product’s purchase price will not be less favorable than those prices extended to any other clients of the Manufacturer. The Parties further agree that there will be no minimum purchase requirements in purchasing the Manufacturer’s Product.

• PRODUCT RETURN

The Manufacturer agrees that any Products found by the Client’s quality inspectors to be defective or not of the Client’s specifications will be shipped back to the Manufacturer. The Client shall promptly return and notify the Manufacturer within five (5) days after receipt of the Products, along with a detailed written report.

• NON-DISCLOSURE

Any information or materials shared or disclosed between the Parties shall remain strictly confidential and proprietary among the Parties.

• ENTIRE AGREEMENT

This entire Agreement is governed by the laws of the State of Missouri and shall bind the Parties until its termination.

Signature
[Manufacturer]:

[Client]: