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A Manufacturing Agreement sets out the terms between a company that needs products made and the manufacturer who will produce them. These contracts are common across New Zealand's manufacturing sector, from food processing to electronics assembly, and spell out exactly how goods will be made to the right specifications.

The agreement covers crucial details like quality standards, production timelines, costs, and intellectual property protection under NZ law. It also addresses important compliance requirements, including adherence to the Fair Trading Act and Consumer Guarantees Act, while establishing clear responsibilities for both parties if something goes wrong during production.

Use a Manufacturing Agreement when outsourcing production of your products to another company. This becomes essential before starting any manufacturing relationship, especially if you're developing custom products or sharing proprietary designs with manufacturers across New Zealand or overseas.

The agreement proves particularly valuable when dealing with complex specifications, quality requirements, or intellectual property concerns. It's vital for protecting your business interests when sharing trade secrets, setting delivery expectations, or establishing quality control processes. Many Kiwi businesses implement these agreements during new product launches or when scaling up production beyond in-house capabilities.

• Manufacturing And Supply Agreement: Combines production and delivery terms for ongoing supply relationships
• Toll Manufacturing Agreement: Used when a company provides materials to the manufacturer who processes them for a fee
• Exclusive Manufacturing And Distribution Agreement: Grants exclusive rights to both produce and sell products in specific markets
• Private Label Agreement: For manufacturing products under the buyer's brand name
• Food Contract Manufacturing Agreement: Specialized for food production with additional safety and compliance requirements

• Product Companies: Businesses needing products manufactured, from small Kiwi startups to established brands looking to scale production
• Contract Manufacturers: Factories and production facilities that make products to order, following specified requirements and quality standards
• Legal Teams: In-house counsel or external lawyers who draft and review Manufacturing Agreements to ensure compliance with NZ regulations
• Quality Control Officers: Staff responsible for monitoring production standards and ensuring specifications are met
• Procurement Managers: Team members who manage supplier relationships and negotiate manufacturing terms
• IP Specialists: Experts who protect intellectual property rights within manufacturing arrangements

• Product Details: Document exact specifications, quality standards, and production requirements for each item
• Timeline Planning: Map out production schedules, delivery dates, and minimum order quantities
• Cost Structure: Compile pricing details, payment terms, and any volume-based discounts
• Quality Control: Define testing procedures, acceptance criteria, and rejection protocols
• IP Protection: List all intellectual property requiring protection under NZ law
• Compliance Check: Verify manufacturer's certifications and regulatory compliance status
• Risk Management: Outline liability terms, warranty provisions, and dispute resolution processes

• Parties & Scope: Clear identification of manufacturer and client, with detailed production specifications
• Quality Standards: Specific requirements, testing procedures, and acceptance criteria
• Pricing Structure: Manufacturing costs, payment terms, and volume-based adjustments
• Delivery Terms: Production timelines, shipping arrangements, and Incoterms
• IP Protection: Confidentiality obligations and intellectual property ownership rights
• Compliance Clauses: References to Fair Trading Act and Consumer Guarantees Act requirements
• Term & Termination: Contract duration, renewal options, and exit conditions
• Dispute Resolution: Process for handling disagreements under NZ jurisdiction

A Manufacturing Agreement differs significantly from a Contract Manufacturing Agreement in several key aspects, though they may seem similar at first glance. While both deal with production arrangements, their scope and focus vary considerably under New Zealand law.

• Scope of Control: Manufacturing Agreements typically give the client more direct control over production processes and specifications, while Contract Manufacturing Agreements often grant manufacturers more autonomy in meeting defined outcomes
• IP Rights: Manufacturing Agreements usually maintain stricter intellectual property controls for the client, whereas Contract Manufacturing Agreements might allow manufacturers to use their own processes and methods
• Resource Allocation: In Manufacturing Agreements, clients often provide materials or equipment, while Contract Manufacturing Agreements typically expect manufacturers to source everything independently
• Quality Standards: Manufacturing Agreements generally include more detailed quality control procedures, while Contract Manufacturing Agreements focus more on final product specifications