Co-Packing Agreement

Summary

This precedent is a co-packing agreement which sets forth general terms and conditions where a buyer acquires goods produced and packaged by a manufacturer for distribution and resale to the buyer's customers. It includes provisions on the production and quality of products; purchase orders and pricing; payment terms and shipment; warranty, indemnification and confidentiality obligations; limitation of liability, term and termination clauses; and dispute resolution. This precedent includes practical guidance, drafting notes, alternate clauses and optional clauses. A co-packing agreement is a binding contract between a manufacturer (or co-packer) and buyer (or purchaser) that contains the terms and conditions under which the manufacturer will produce, and the buyer will purchase the products subject to the agreement. Co-packing agreements are most commonly used in the food industry, as such this precedent contains certain terms typical in that industry. When a buyer acquires goods ...