위탁제조생산계약서(OEM,ODM)-영문

 

• 본 블로그에서 제공하고 있는 계약서 양식은 하나의 예시에 불과하여, 실제 체결하고자 하는 계약과는 그 내용이 다를 수 있으므로 이 양식을 참조하여 구체적인 사정에 맞도록 계약서를 작성하시기 바랍니다.

 

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CONSIGNMENT PROCESSING CONTRACT

 

This Agreement, made and entered into this [ Date,     Month,     Year] by and between [    회사명    ], a corporation duly organized and existing under the laws of the Republic of Korea, having its principal office at [           주소            ] (hereinafter referred to as "COMPANY") and [     회사명     ], a corporation duly organized and existing under the laws of [     국가명     ], having its principal office at [            주소            ](hereinafter referred to as "MANUFACTURER").

 

Article 1. Products and Processing Charge

COMPANY agrees to process the raw materials and components of Article 2 hereof into and deliver to MANUFACTURER, the Products at the following processing charge.

Items	Unit	Spec.	Quantity	Unit Charge	Total Amount

 

 

Article 2. Raw Materials and Components

2.1  MANUFACTURER will supply COMPANY the following raw materials and components which are necessary for manufacturing the Products under Article 1 at no commercial value.

Items	Unit	Spec.	Quantity	Unit Price	Total Amount

 

2.2  COMPANY shall use the above materials and components for the manufacture and process of the Products described in Article 1, which COMPANY shall keep in the factory and may not remove outside factory without the prior written consent of MANUFACTURER.

2.3  All materials or components for the products other than those supplied hereabove 2.1 shall be procured and used by COMPANY at COMPANY’s costs and expense.

 

Article 3. Ownership of Raw Materials and Components etc.

3.1  Raw materials and components supplied by MANUFACTURER shall remain the property of MANUFACTURER. COMPANY shall maintain them as a bona-fide holder, hold out to all others as MANUFACTURER’s property and may not sell, or otherwise dispose of them.

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 3.2  COMPANY shall take out an insurance with an insurance company acceptable to MANUFACTURER, at its expenses, for the raw materials and components and the semi-processed or the finished Products.

 

Article 4 Processing

4.1  COMPANY shall manufacture/process the Products in accordance with the samples & the specifications and other instructions given by MANUFACTURER, deviation from which shall require the prior written approval of MANUFACTURER.

4.2 COMPANY shall not assign or subcontract all or any part of this Contract to others without MANUFACTURER’s prior written approval.

4.3 MANUFACTURER may give COMPANY instructions, technical or otherwise, or working orders at any time, relating to processing, packing and transporting the of Products, which COMPANY shall follow.

 

Article 5. Shipment

5.1  COMPANY shall make custom clearance of the Products and deliver them in accordance with shipping schedule as stipulated in Letter of Credit.

5.2  COMPANY shall bear and pay all costs and charges incurring up to the

[   FOB   ] (INCOTERMS 2000) shipment of the Products; any costs and charges occurring thereafter shall be borne by and paid MANUFACTURER.

 

Article 6. Payment of Processing Charge

MANUFACTURER shall pay the processing charge by the letter of credit upon presentation of bill of lading and other shipping documents as set forth in the letter of credit.

 

Article 7. Claims

If any dispute or complaint is established against MANUFACTURER from the buyers or endusers of the Products, MANUFACTURER shall notify it in writing to COMPANY and when such claims are proved as resulting from COMPANY’s fault, COMPANY shall be responsible therefor and shall indemnify and hold harmless MANUFACTURER therefrom. In this case, MANUFACTURER shall make all reasonable efforts to reduce the claims as much as possible in consultation with COMPANY.

 

Article 8. Governing Law and Arbitration

8.1  This Agreement shall be interpreted and governed by the laws of [          ].

8.2  Any dispute arising out of or in connection with this contract shall be finally settled by arbitration in Seoul in accordance with the Arbitration Rules of legal representative.

 

Article 9. Miscellaneous Provisions

9.1  This Agreement constitutes the entire understanding of COMPANY and the Distributor with respect to the subject matter hereof.

9.2  No amendment, modification or alteration of any terms of this Agreement shall be binding on either party unless the same shall be made in writing, dated subsequent to the date hereof and executed by or on behalf of the parties hereto.

9.3  This Agreement may be executed in English and in other languages (including Korean). In the event of any difference or inconsistency among different versions of this Agreement, the English version shall prevail over in all respect.

 

 

IN WITNESS WHEREOF, the parties hereto have authorized this Agreement to be executed by their respective duly authorized officers.

 

 

                        COMPANY                MANUFACTURER

By          [                          ]   [                          ]

Address     [                          ]   [                          ]

Title         [                          ]   [                          ]

Name       [                          ]   [                          ]

 

 

위탁가공계약서_영문.docx

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